BILL NUMBER: AB 1317 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 28, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Frazier
FEBRUARY 22, 2013
An act to amend Sections 30, 31, 101, 130, 149, 205, 1000, 8501,
8502, 8520, 8520.2, 8525, 8674, 8676, 10004, 10005, 10050, 10053,
10147, 10149, 10151.5, 10166.07, 10176.1, 10231.2, 10232.1, 10232.2,
10235.5, 10236.2, 10249.3, 10249.8, 10249.9, 10471, 10471.1, 10472,
11003.4, 11010, 11010.8, 11011, 11012, 11225,
11232, 11301, 11302, 11310, 11313, 19826, 19861, 19864,
19872, and 19881 of, and to repeal Sections 11313.2 and
19881.5 of, the Business and Professions Code, to amend Sections 912,
1675, 1798.3, 2985, 5240, and 5400 of the Civil Code, to amend
Section 1218 of the Code of Civil Procedure, to amend Sections 14010,
14060.6, 25005, 28033, 29200 29503, 31004,
29200, and 31210 of, and to repeal Sections 25600, 25601,
25602, and 25603 of, the Corporations Code, to amend Sections 17444,
22001, 32282, 32282.5, 35296, 51264, 51266, 51266.5, 51269,
66210, 71095, and 94600 of the Education Code, to amend
Sections 298 and 17520 of the Family Code, to amend Sections 125,
320, 2003, 4805.055, 4970,
5104, 5106, 12003, 14003, 14200.1,
14200.2, 17002, 17312, 17423.1, 18002,
18002.5, 22005, 23001, 30002,
30005, 31055, 50003, and 50702 of, to amend the
heading of Chapter 3 (commencing with Section 300) of Division 1 of,
to amend the heading of Article 2 (commencing with Section 320) of
Chapter 3 of Division 1 of, and to repeal and add Sections
Section 321 , 351, and 371
of, the Financial Code, to amend Sections 1389, 2301, 3862, and 3863
of the Fish and Game Code, to amend Sections 3806, 4101.4, and 58509
of, and to repeal Section 11451.5 of, the Food and Agricultural Code,
to amend Sections 179.7, 955.1, 3101, 3102, 6253.4,
6254, 6254.23, 6276.26, 6276.38, 7465, 8550, 8570.5,
8574.17, 8574.20, 8574.21, 8574.22, 8575, 8584.1, 8585, 8585.05,
8585.1, 8585.2, 8585.5, 8585.7, 8586, 8587.7, 8588, 8588.1, 8588.2,
8588.3, 8588.5, 8588.7, 8588.10, 8588.11, 8588.15, 8589, 8589.1,
8589.2, 8589.5, 8589.6, 8589.7, 8589.9, 8589.10, 8589.11, 8589.12,
8589.13, 8589.14, 8589.15, 8589.16, 8589.17, 8589.18, 8589.19,
8589.20, 8589.21, 8590.1, 8590.2, 8590.3, 8590.4, 8591, 8592.1,
8592.5, 8592.7, 8593, 8593.1, 8593.2, 8593.6,
8596, 8599, 8600, 8607, 8607.2, 8608, 8610, 8610.3, 8610.5, 8612,
8613, 8614, 8639, 8649, 8651, 8657, 8657.5, 8670.20, 8670.25.5,
8670.26, 8670.64, 8680.7, 8682, 8682.2, 8682.6, 8682.8, 8682.9, 8685,
8685.2, 8685.4, 8685.6, 8685.8, 8686.2, 8686.3, 8686.4, 8686.8,
8687, 8687.2, 8687.4, 8687.7, 8692, 8696.5, 8697, 8697.5, 8711, 8840,
8841, 8844, 8870.4, 8870.7, 8870.71, 8871.3, 8871.4, 8876.7,
8878.52, 8878.90, 8878.100, 8878.125, 8879.7, 8879.23, 8879.27,
8879.50, 8879.53, 8879.57, 8879.58, 8879.59, 8879.60, 8879.61, 8886,
11018.5, 11126, 11340.2, 11534, 11541, 11542, 11546,
11546.2, 11546.3, 11546.4, 11546.5, 11546.6,
11549, 11549.3, 11549.4, 11552, 12012.90, 12463.1, 12804.7,
13901, 13903, 13975.1, 13976, 13978.2, 13978.4, 13984,
13995.20, 13995.30, 13995.40, 13995.42, 13995.43, 13995.44,
13995.45, 13995.50, 13995.51, 13995.53, 13995.54, 13995.55,
13995.56, 13995.60, 13995.63, 13995.64, 13995.65,
13995.68, 13995.69, 13995.71, 13995.72, 13995.73, 13995.74, 13995.75,
13995.77, 13995.82, 13995.83, 13995.84, 13995.102, 13995.110,
13995.116, 14001, 14002.5, 14031.8, 14070, 14087, 14500, 14520,
14601, 14669.21, 14998.2, 15251, 15253, 15254, 15275, 15277,
15363.61, 15363.62, 15363.63, 15700, 15957, 16304.9,
18521, 19844.5, 20002, 26614, 51018, 53108.5, 53126.5,
53630.5, 54238.3, 63021, 63021.5,
65080.1, 65302, 65302.6, 66427.1, 66452.17, 66503, 66521, 66540.5,
66540.32, 91550, and 99503 of, to add Sections
12803.2, 12813.5, and 19815.25 to, to repeal Section 65037.1 of, and
to repeal and add Section 13975 of, the Government Code, to amend
Sections 32, 33, 50, 50.1, 50.2, 81.8, 85.2, and 1150 of, to add
Section 30.5 to, and to repeal Sections 31 and 65.4 of, the Harbors
and Navigation Code, to amend Sections 1596.867, 1797.132, 1797.150,
1797.151, 1797.152, 1797.153, 11998.1, 13071, 13073, 13140.5,
13143.9, 18603, 18901, 18917.5, 18920, 18922, 25169.7, 25197.2,
25210.6, 25270.8, 25299.1, 25359.4, 25404.3, 25501, 25502, 25503,
25503.1, 25503.3, 25503.4, 25503.5, 25503.9, 25505.2, 25507, 25507.1,
25509, 25517.5, 25520, 25531.2, 25545, 35805, 50093, 50150, 50151,
50153, 50154, 50452, 50462, 50661.5, 50900, 51005, 51614, 51624,
53524, 101080.2, 105215, 114650, 114655, 114660, 114790, 114820,
115280, 115295, 115340, 124174.2, and 130055 of,
to amend the heading of Article 2 (commencing with Section 114660) of
Chapter 4 of Part 9 of Division 104 of, the Health and Safety Code,
to amend Sections 12406.5, 12414.31, 16020, and 16030 of the
Insurance Code, to amend Sections 3211.91 and 4350 of the Labor Code,
to amend Section 433.5 of the Military and Veterans Code, to amend
Sections 273.82, 326.3, 326.5, 830.3, 830.11,
999c, 999j, 999k, 999n, 999p, 999r, 999s, 999v, 999x, 999y,
1174.2, 1191.21, 6241, 11160, 11160.1, 11161.2, 11171,
11174.34, 11501, 11502, 11504, 13100.1, 13800, 13820, 13821, 13823.2,
13823.3, 13823.4, 13823.5, 13823.6, 13823.9, 13823.12, 13823.13,
13823.15, 13823.16, 13823.17, 13825, 13826.62, 13830, 13833, 13835.2,
13835.6, 13835.7, 13835.10, 13836, 13836.1, 13843, 13844, 13846,
13847, 13847.2, 13851, 13854, 13861, 13864, 13881, 13897.2, 13897.3,
13901, 14111, 14112, 14113, 14117, 14118, 14119, 14120, 14121, and
14140 of the Penal Code, to amend Sections 12101, 12103,
12104, 12105, 12120, and 12121 Section 12120 of
the Public Contract Code, to amend Sections 715, 2802, 2803, 2811,
2814, 2815, 3233, 5075.8, 5099.12, 10002, 25402.9, 25701, 25943,
29735, 30169, 30301, 36300, 40400, 42703, 43035, and 75121 of the
Public Resources Code, to amend Sections 783, 883, 2774.5,
2872.5, 2892, 2892.1, 7551.1, 7551.3, 7661, 7662, 7663,
7665.1, 7665.2, 7665.3, 7665.4, 7673, 7718, 99212, 99243, 131242,
161003, 185020, and 185035 of the Public Utilities Code, to amend
Sections 97.2, 97.2 and 19528
, 41030, 41031, 41032, 41136.1, 41137, 41137.1, 41138, 41139, 41140,
41141, and 41142 of the Revenue and Taxation Code, to add
Section 22.5 to the Streets and Highways Code, to amend Sections 165,
1500, 1505, 1808.51, 2100, 2109, 2901, 2902, 5066,
9706, 23112.5, and 34061 of the Vehicle Code, to amend
Sections 128, 6025.6, 11910, 11910.1, 12994, 13271, 13272, and 79522
of the Water Code, and to amend Sections 1789, 9101, 9625, 14085.54,
18275.5, 18277, 18278, and 18278.5 of the Welfare and Institutions
Code, relating to state government, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1317, as amended, Frazier. State government operations.
Existing law and the Governor's Reorganization Plan No. 2,
effective July 3, 2012, and operative July 1, 2013, assigns and
reorganizes the functions of state government among executive
officers and agencies by creating the following general agency
structure in the executive branch: Business, Consumer Services and
Housing; Government Operations; Corrections and Rehabilitation; Labor
and Workforce Development; California Health and Human Services;
Environmental Protection; Natural Resources; and Transportation.
This bill would enact the statutory changes necessary to reflect
the changes in law made by the Governor's Reorganization Plan No. 2,
and would also make additional conforming name changes to properly
reflect the assignment and reorganization of the functions of state
government among the newly established executive officers and
agencies.
This bill would reallocate certain duties of reorganized and
abolished state entities and their officers to
established state entities and officers, including, but not limited
to, reallocating specified duties of the abolished Business,
Transportation and Housing Agency and its secretary to the newly
created Transportation Agency and its Secretary of
Transportation, and the duties of the abolished Commissioner
of Corporations to the Commissioner of Business Oversight, as
specified. and reallocating specified duties to the
newly created Department of Business Oversight and its commissioner.
This bill would become operative, like the Governor's
Reorganization Plan No. 2, on July 1, 2013, except as specifically
provided.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30 of the Business and Professions Code is
amended to read:
30. (a) Notwithstanding any other law, any board, as defined in
Section 22, and the State Bar and the Bureau of Real Estate shall at
the time of issuance of the license require that the licensee provide
its federal employer identification number, if the licensee is a
partnership, or his or her social security number for all others.
(b) Any licensee failing to provide the federal identification
number or social security number shall be reported by the licensing
board to the Franchise Tax Board and, if failing to provide after
notification pursuant to paragraph (1) of subdivision (b) of Section
19528 of the Revenue and Taxation Code, shall be subject to the
penalty provided in paragraph (2) of subdivision (b) of Section 19528
of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), a
licensing board may not process any application for an original
license unless the applicant or licensee provides its federal
employer identification number or social security number where
requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax
Board, furnish to the Franchise Tax Board the following information
with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the entity is a
partnership or social security number for all others.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) "Licensee" means any entity, other than a corporation,
authorized by a license, certificate, registration, or other means to
engage in a business or profession regulated by this code or
referred to in Section 1000 or 3600.
(2) "License" includes a certificate, registration, or any other
authorization needed to engage in a business or profession regulated
by this code or referred to in Section 1000 or 3600.
(3) "Licensing board" means any board, as defined in Section 22,
the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(g) Licensing boards shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
(i) Any deputy, agent, clerk, officer, or employee of any
licensing board described in subdivision (a), or any former officer
or employee or other individual who in the course of his or her
employment or duty has or has had access to the information required
to be furnished under this section, may not disclose or make known in
any manner that information, except as provided in this section to
the Franchise Tax Board or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
(k) If the board utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between the
State of California and the state requesting release of the social
security number, any deputy, agent, clerk, officer, or employee of
any licensing board described in subdivision (a) may release a social
security number to an examination or licensing entity, only for the
purpose of verification of licensure or examination status.
( l ) For the purposes of enforcement of Section 17520
of the Family Code, and notwithstanding any other provision of law,
any board, as defined in Section 22, and the State Bar and the Bureau
of Real Estate shall at the time of issuance of the license require
that each licensee provide the social security number of each
individual listed on the license and any person who qualifies the
license. For the purposes of this subdivision, "licensee" means any
entity that is issued a license by any board, as defined in Section
22, the State Bar, the Bureau of Real Estate, and the Department of
Motor Vehicles.
SEC. 2. Section 31 of the Business and Professions Code is amended
to read:
31. (a) As used in this section, "board" means any entity listed
in Section 101, the entities referred to in Sections 1000 and 3600,
the State Bar, the Bureau of Real Estate, and any other state agency
that issues a license, certificate, or registration authorizing a
person to engage in a business or profession.
(b) Each applicant for the issuance or renewal of a license,
certificate, registration, or other means to engage in a business or
profession regulated by a board who is not in compliance with a
judgment or order for support shall be subject to Section 17520 of
the Family Code.
(c) "Compliance with a judgment or order for support" has the
meaning given in paragraph (4) of subdivision (a) of Section 17520 of
the Family Code.
(d) Each licensee or applicant whose name appears on a list of the
500 largest tax delinquencies pursuant to Section 7063 or 19195 of
the Revenue and Taxation Code shall be subject to Section 494.5.
(e) Each application for a new license or renewal of a license
shall indicate on the application that the law allows the State Board
of Equalization and the Franchise Tax Board to share taxpayer
information with a board and requires the licensee to pay his or her
state tax obligation and that his or her license may be suspended if
the state tax obligation is not paid.
(f) For purposes of this section, "tax obligation" means the tax
imposed under, or in accordance with, Part 1 (commencing with Section
6001), Part 1.5 (commencing with Section 7200), Part 1.6 (commencing
with Section 7251), Part 1.7 (commencing with Section 7280), Part 10
(commencing with Section 17001), or Part 11 (commencing with Section
23001) of Division 2 of the Revenue and Taxation Code.
SEC. 3. Section 101 of the Business and Professions Code is
amended to read:
101. The department is comprised of the following:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary Education.
(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech-Language Pathology and Audiology Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(a l ) The Bureau of Real Estate.
(am) The Bureau of Real Estate Appraisers.
(an) The Structural Pest Control Board.
(ao) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 4. Section 130 of the Business and Professions Code is
amended to read:
130. (a) Notwithstanding any other law, the term of office of any
member of an agency designated in subdivision (b) shall be for a
term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The California Board of Podiatric Medicine.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing, except as provided in
subdivision (c) of Section 2703.
(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6) The State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors' State License Board.
(13) The State Board of Guide Dogs for the Blind.
(14) The Board of Behavioral Sciences.
(15) The Court Reporters Board of California.
(16) The State Athletic Commission.
(17) The Osteopathic Medical Board of California.
(18) The Respiratory Care Board of California.
(19) The Acupuncture Board.
(20) The Board of Psychology.
(21) The Structural Pest Control Board.
SEC. 5. Section 149 of the Business and Professions Code is
amended to read:
149. (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
(1) The Bureau of Barbering and Cosmetology.
(2) The Cemetery and Funeral Bureau.
(3) The Veterinary Medical Board.
(4) The Landscape Architects Technical Committee.
(5) The California Board of Podiatric Medicine.
(6) The Respiratory Care Board of California.
(7) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(8) The Bureau of Security and Investigative Services.
(9) The Bureau of Automotive Repair.
(10) The California Architects Board.
(11) The Speech-Language Pathology and Audiology Board.
(12) The Board for Professional Engineers and Land Surveyors.
(13) The Board of Behavioral Sciences.
(14) The Structural Pest Control Board.
(15) The Acupuncture Board.
(16) The Board of Psychology.
(17) The California Board of Accountancy.
(18) The Naturopathic Medicine Committee.
(19) The Physical Therapy Board of California.
(20) The Bureau for Private Postsecondary Education.
SEC. 6. Section 205 of the Business and Professions Code is
amended to read:
205. (a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:
(1) Accountancy Fund.
(2) California Architects Board Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery Fund.
(6) Contractors' License Fund.
(7) State Dentistry Fund.
(8) State Funeral Directors and Embalmers Fund.
(9) Guide Dogs for the Blind Fund.
(10) Home Furnishings and Thermal Insulation Fund.
(11) California Architects Board-Landscape Architects Fund.
(12) Contingent Fund of the Medical Board of California.
(13) Optometry Fund.
(14) Pharmacy Board Contingent Fund.
(15) Physical Therapy Fund.
(16) Private Investigator Fund.
(17) Professional Engineer's and Land Surveyor's Fund.
(18) Consumer Affairs Fund.
(19) Behavioral Sciences Fund.
(20) Licensed Midwifery Fund.
(21) Court Reporters' Fund.
(22) Veterinary Medical Board Contingent Fund.
(23) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
(24) Electronic and Appliance Repair Fund.
(25) Geology and Geophysics Account of the Professional Engineer's
and Land Surveyor's Fund.
(26) Dispensing Opticians Fund.
(27) Acupuncture Fund.
(28) Physician Assistant Fund.
(29) Board of Podiatric Medicine Fund.
(30) Psychology Fund.
(31) Respiratory Care Fund.
(32) Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Fund.
(33) Board of Registered Nursing Fund.
(34) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(35) Animal Health Technician Examining Committee Fund.
(36) State Dental Hygiene Fund.
(37) State Dental Assistant Fund.
(38) Structural Pest Control Fund.
(39) Structural Pest Control Eradication and Enforcement Fund.
(40) Structural Pest Control Research Fund.
(b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund. Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
SEC. 7. Section 1000 of the Business and Professions Code is
amended to read:
1000. (a) The law governing practitioners of chiropractic is
found in an initiative act entitled "An act prescribing the terms
upon which licenses may be issued to practitioners of chiropractic,
creating the State Board of Chiropractic Examiners and declaring its
powers and duties, prescribing penalties for violation hereof, and
repealing all acts and parts of acts inconsistent herewith," adopted
by the electors November 7, 1922.
(b) The State Board of Chiropractic Examiners is within the
Department of Consumer Affairs.
SEC. 8. Section 8501 of the Business and Professions Code is
amended to read:
8501. "Director" refers to the Director of Consumer Affairs.
SEC. 9. Section 8502 of the Business and Professions Code is
amended to read:
8502. "Board" refers to the Structural Pest Control Board within
the Department of Consumers Affairs.
SEC. 10. Section 8520 of the Business and Professions Code is
amended to read:
8520. (a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100), the board is vested with
the power to and shall administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 11. Section 8520.2 of the Business and Professions Code is
amended to read:
8520.2. (a) The Structural Pest Control Board is hereby
transferred from the jurisdiction of the Department of Pesticide
Regulation and placed under the jurisdiction of the Department of
Consumer Affairs.
(b) The registrar of the board under the jurisdiction of the
Department of Pesticide Regulation shall remain as the registrar of
the board under the jurisdiction of the Department of Consumer
Affairs.
(c) The members appointed to the board while under the
jurisdiction of the Department of Pesticide Regulation shall remain
as members of the board under the jurisdiction of the Department of
Consumer Affairs.
(d) All employees of the board under the jurisdiction of the
Department of Pesticide Regulation are hereby transferred to the
board under the jurisdiction of the Department of Consumer Affairs.
(e) The duties, powers, purposes, responsibilities, and
jurisdictions of the board under the jurisdiction of the Department
of Pesticide Regulation shall remain with the board under the
jurisdiction of the Department of Consumer Affairs.
(f) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the board formerly within the jurisdiction of the
Department of Pesticide Regulation.
(g) Any reference to the board in this chapter or in any other
provision of law or regulation shall be construed as a reference to
the board under the jurisdiction of the Department of Consumer
Affairs.
SEC. 12. Section 8525 of the Business and Professions Code is
amended to read:
8525. (a) The board, subject to the approval of the director,
may, in accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, adopt,
amend, repeal, and enforce reasonably necessary rules and regulations
relating to the practice of pest control and its various branches as
established by Section 8560 and the administration of this chapter.
(b) The board shall consult with the Department of Pesticide
Regulation when developing or adopting regulations that may affect
the Department of Pesticide Regulation or a county agricultural
commissioner's responsibilities pursuant to Division 7 (commencing
with Section 12500) of the Food and Agricultural Code.
SEC. 13. Section 8674 of the Business and Professions Code is
amended to read:
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
(c) An operator's examination fee of not more than twenty-five
dollars ($25).
(d) An operator's license fee of not more than one hundred fifty
dollars ($150).
(e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
(f) A company registration fee of not more than one hundred twenty
dollars ($120).
(g) A branch office registration fee of not more than sixty
dollars ($60).
(h) A field representative's examination fee of not more than
fifteen dollars ($15).
(i) A field representative's license fee of not more than
forty-five dollars ($45).
(j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
(k) An applicator's examination fee of not more than fifteen
dollars ($15).
(l) An applicator's license fee of not more than fifty dollars
($50).
(m) An applicator's license renewal fee of not more than fifty
dollars ($50).
(n) An activity form fee, per property address, of not more than
three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
(p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp purchased from the board. Notwithstanding any other
provision of law, the fee established pursuant to this subdivision
shall be deposited with a bank or other depository approved by the
Department of Finance and designated by the Research Advisory Panel
or into the Structural Pest Control Research Fund that is hereby
continued in existence and continuously appropriated to be used only
for structural pest control research. If the Research Advisory Panel
designates that the fees be deposited in an account other than the
Structural Pest Control Research Fund, any moneys in the fund shall
be transferred to the designated account.
(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Consumer Affairs that
includes, but is not limited to, all of the following requirements:
(A) The depository shall serve as custodian for the safekeeping of
the funds.
(B) Funds deposited in the designated account shall be encumbered
solely for the exclusive purpose of implementing and continuing the
program for which they were collected.
(C) Funds deposited in the designated account shall be subject to
an audit at least once every two years by an auditor selected by the
Director of Consumer Affairs. A copy of the audit shall be provided
to the director within 30 days of completion of the audit.
(D) The Department of Consumer Affairs shall be reimbursed for all
expenses it incurs that are reasonably related to implementing and
continuing the program for which the funds were collected in
accordance with the agreement.
(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of the
program shall be maintained in the designated account.
(3) A charge for administrative expenses of the board in an amount
not to exceed 5 percent of the amount collected and deposited in the
Structural Pest Control Research Fund may be assessed against the
fund. The charge shall be limited to expenses directly related to the
administration of the fund.
(4) The board shall, by regulation, establish a five-member
research advisory panel , including, but not limited to,
representatives from each of the following: (A) the Structural Pest
Control Board, (B) the structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the University of
California. The panel, or other entity designated by the board, shall
solicit on behalf of the board all requests for proposals and
present to the panel all proposals that meet the criteria established
by the panel. The panel shall review the proposals and recommend to
the board which proposals to accept. The recommendations shall be
accepted upon a two-thirds vote of the board. The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds from
the Structural Pest Control Research Fund to the applicants whose
proposals were accepted by the board.
(5) A charge for requests for proposals, contracts, and monitoring
of contracted research shall not exceed 5 percent of the research
funds available each year and shall be paid from the Structural Pest
Control Research Fund.
SEC. 14. Section 8676 of the Business and Professions Code is
amended to read:
8676. The Department of Consumer Affairs shall receive and
account for all moneys collected under this chapter at the end of
each month, and shall pay it into the Treasury to the credit of the
Structural Pest Control Fund, which is hereby continued in existence.
The moneys in this fund shall be expended for the pro rata cost of
administration of the Department of Consumer Affairs and for the
purpose of carrying out the provisions of this chapter.
SEC. 15. Section 10004 of the Business and Professions Code is
amended to read:
10004. "Bureau" means the Bureau of Real Estate in the Department
of Consumer Affairs.
SEC. 16. Section 10005 of the Business and Professions Code is
amended to read:
10005. Whenever the terms "bureau," "division," "department,"
"Department of Real Estate," "State Real Estate Division," or "Real
Estate Division" are used in this division, they mean the Bureau of
Real Estate.
Whenever the terms "Department of Real Estate," " State Real
Estate Division," or " Real Estate Division" are used in any other
law, they mean the Bureau of Real Estate.
SEC. 17. Section 10050 of the Business and Professions Code is
amended to read:
10050. (a) There is in the Department of Consumer Affairs a
Bureau of Real Estate, the chief officer of which bureau is named the
Real Estate Commissioner.
(b) It shall be the principal
responsibility of the commissioner to enforce all laws in this part
(commencing with Section 10000) and Chapter 1 (commencing with
Section 11000) of Part 2 of this division in a manner that achieves
the maximum protection for the purchasers of real property and those
persons dealing with real estate licensees.
(c) Wherever the term "commissioner" is used in this division, it
means the Real Estate Commissioner.
SEC. 18. Section 10053 of the Business and Professions Code is
amended to read:
10053. The commissioner shall receive an annual salary as
provided in Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code, to be paid monthly out
of the State Treasury upon a warrant of the Controller, and shall be
allowed his or her actual and necessary expenses in the discharge of
his or her duties.
SEC. 19. Section 10147 of the Business and Professions Code is
amended to read:
10147. (a) On or before January 1, 1993, the Seismic Safety
Commission shall develop, adopt, and publish a Commercial Property
Owner's Guide to Earthquake Safety for distribution to licensees for
purposes of Section 2079.9 of the Civil Code and, upon request, to
any member of the general public.
(b) In developing the guide, the Seismic Safety Commission shall
consult with the Office of Emergency Services, the Division of Mines
and Geology of the Department of Conservation, the Bureau of Real
Estate, and other interested agencies and persons.
(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents of
the guide whenever it determines that information within the guide is
sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
in the state.
(2) Explanations of typical structural and nonstructural
earthquake hazards.
(3) Recommendations for mitigating the hazards of an earthquake,
including references and explanations of what constitutes "adequate
wall anchorage" as defined in Section 8893.1 of the Government Code.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission shall confer with insurers
and design professional associations.
(5) Notice of the obligation to post a sign as required by Section
8875.8 of the Government Code.
SEC. 20. Section 10149 of the Business and Professions Code is
amended to read:
10149. (a) On or before July 1, 1992, the Seismic Safety
Commission shall develop, adopt, and publish a Homeowner's Guide to
Earthquake Safety for distribution to licensees for purposes of
Section 2079.8 of the Civil Code and, upon request, to any member of
the general public.
(b) In developing the guide, the Seismic Safety Commission shall
consult with the Office of Emergency Services, the Division of Mines
and Geology of the Department of Conservation, the Bureau of Real
Estate, and other interested agencies and persons.
(c) The commission shall, to the extent possible, rely on
currently available data to develop the guide. To the extent
necessary, the commission may contract for the development and
production of the guide. The commission shall update the contents of
the guide whenever it determines that information within the guide is
sufficiently inaccurate or incomplete so as to reduce the
effectiveness of the guide. The commission shall charge a fee to
cover the costs of production, distribution, development, and
updating the guide.
(d) The guide shall include, but need not be limited to, all of
the following:
(1) Maps and information on geologic and seismic hazard conditions
for all areas of the state.
(2) Explanations of the related structural and nonstructural
hazards.
(3) Recommendations for mitigating the hazards of an earthquake.
(4) A statement that there are no guarantees of safety or damage
prevention that can be made with respect to a major earthquake and
that only precautions, such as retrofitting, can be taken to reduce
the risk of various types of earthquake damage. For purposes of
preparing the statement, the commission shall confer with insurers
and design professional associations.
SEC. 21. Section 10151.5 of the Business and Professions Code is
amended to read:
10151.5. (a) An applicant who is not a resident of this state
shall be eligible for a real estate license provided (1) the
applicant qualifies for licensure under this chapter, including
Section 10162, and (2) the state or other jurisdiction that is the
place of residence of the applicant permits a resident of California
to qualify for and obtain a real estate license in that jurisdiction.
(b) A foreign corporation shall be exempt from the eligibility
requirement set forth in clause (2) of subdivision (a) if, and for so
long as, at least one of the officers of the corporation who is
designated and licensed as a real estate broker pursuant to Section
10158 or 10211 is a resident of this state.
(c) Every nonresident applicant for a real estate license shall,
along with his or her application, file with the Real Estate
Commissioner an irrevocable consent that if in any action commenced
against him or her in this state, personal service of process upon
him or her cannot be made in this state after the exercise of due
diligence, a valid service may thereupon be made upon the applicant
by delivering the process to the Bureau of Real Estate.
SEC. 22. Section 10166.07 of the Business and Professions Code is
amended to read:
10166.07. (a) A real estate broker who acts pursuant to Section
10131.1 or subdivision (d) or (e) of Section 10131, and who makes,
arranges, or services one or more loans in a calendar year that are
secured by real property containing one to four residential units,
shall annually file a business activities report, within 90 days
after the end of the broker's fiscal year or within any additional
time as the commissioner may allow for filing for good cause. The
report shall contain within its scope all of the following
information for the fiscal year, relative to the business activities
of the broker and those of any other brokers and real estate
salespersons acting under that broker's supervision:
(1) Name and license number of the supervising broker and names
and license numbers of the real estate brokers and salespersons under
that broker's supervision. The report shall include brokers and
salespersons who were under the supervising broker's supervision for
all or part of the year.
(2) A list of the real estate-related activities in which the
supervising broker and the brokers and salespersons under his or her
supervision engaged during the prior year. This listing shall
identify all of the following:
(A) Activities relating to mortgages, including arranging, making,
or servicing.
(B) Other activities performed under the real estate broker's or
salesperson's license.
(C) Activities performed under related licenses, including, but
not limited to, a license to engage as a finance lender or a finance
broker under the California Finance Lenders Law (Division 9
(commencing with Section 22000) of the Financial Code), or a license
to engage as a residential mortgage lender or residential mortgage
loan servicer under the California Residential Mortgage Lending Act
(Division 20 (commencing with Section 50000) of the Financial Code).
(3) A list of the forms of media used by the broker and those
under his or her supervision to advertise to the public, including
print, radio, television, the Internet, or other means.
(4) For fixed rate loans made, brokered, or serviced, all of the
following:
(A) The total number, aggregate principal amount, lowest interest
rate, highest interest rate, and a list of the institutional lenders
of record. If the loan was funded by any lender other than an
institutional lender, the broker shall categorize the loan as
privately funded.
(B) The total number and aggregate principal amount of covered
loans, as defined in Section 4970 of the Financial Code.
(C) The total number and aggregate principal amount of loans for
which Bureau of Real Estate form RE Form 885 or an equivalent is
required.
(5) For adjustable rate loans made, brokered, or serviced, all of
the following:
(A) The total number, aggregate principal amount, lowest beginning
interest rate, highest beginning interest rate, highest margin, and
a list of the institutional lenders of record. If the loan was funded
by any lender other than an institutional lender, the broker shall
categorize the loan as privately funded.
(B) The total number and aggregate principal amount of covered
loans, as defined in Section 4970 of the Financial Code.
(C) The total number and aggregate principal amount of loans for
which Bureau of Real Estate form RE Form 885 or an equivalent is
required.
(6) For all loans made, brokered, or serviced, the total number
and aggregate principal amount of loans funded by institutional
lenders, and the total number and aggregate principal amount of loans
funded by private lenders.
(7) For all loans made, brokered, or serviced, the total number
and aggregate principal amount of loans that included a prepayment
penalty, the minimum prepayment penalty length, the maximum
prepayment penalty length, and the number of loans with prepayment
penalties whose length exceeded the length of time before the
borrower's loan payment amount could increase.
(8) For all loans brokered, the total compensation received by the
broker, including yield spread premiums, commissions, and rebates,
but excluding compensation used to pay fees for third-party services
on behalf of the borrower.
(9) For all mortgage loans made or brokered, the total number of
loans for which a mortgage loan disclosure statement was provided in
a language other than English, and the number of forms provided per
language other than English.
(10) For all mortgage loans serviced, the total amount of funds
advanced to be applied toward a payment to protect the security of
the note being serviced.
(11) For purposes of this section, an institutional lender has the
meaning specified in paragraph (1) of subdivision (c) of Section
10232.
(b) A broker subject to this section and Section 10232.2 may file
consolidated reports that include all of the information required
under this section and Section 10232.2. Those consolidated reports
shall clearly indicate that they are intended to satisfy the
requirements of both sections.
(c) If a broker subject to this section fails to timely file the
report required under this section, the commissioner may cause an
examination and report to be made and may charge the broker one and
one-half times the cost of making the examination and report. In
determining the hourly cost incurred by the commissioner for
conducting an examination and preparing the report, the commissioner
may use the estimated average hourly cost for all department audit
staff performing audits of real estate brokers. If a broker fails to
pay the commissioner's cost within 60 days of the mailing of a notice
of billing, the commissioner may suspend the broker's license or
deny renewal of that license. The suspension or denial shall remain
in effect until the billed amount is paid or the broker's right to
renew a license has expired. The commissioner may maintain an action
for the recovery of the billed amount in any court of competent
jurisdiction.
(d) The report described in this section is exempted from any
requirement of public disclosure by paragraph (2) of subdivision (d)
of Section 6254 of the Government Code.
(e) The commissioner may waive the requirement to submit certain
information described in paragraphs (1) to (10), inclusive, of
subdivision (a) if the commissioner determines that this information
is duplicative of information required by the Nationwide Mortgage
Licensing System and Registry, pursuant to Section 10166.08.
SEC. 23. Section 10176.1 of the Business and Professions Code is
amended to read:
10176.1. (a) (1) Whenever the commissioner takes any enforcement
or disciplinary action against a licensee, and the enforcement or
disciplinary action is related to escrow services provided pursuant
to paragraph (4) of subdivision (a) of Section 17006 of the Financial
Code, upon the action becoming final the commissioner shall notify
the Insurance Commissioner and the Commissioner of Business Oversight
of the action or actions taken. The purpose of this notification is
to alert the departments that enforcement or disciplinary action has
been taken, if the licensee seeks or obtains employment with entities
regulated by the departments.
(2) The commissioner shall provide the Insurance Commissioner and
the Commissioner of Business Oversight, in addition to the
notification of the action taken, with a copy of the written
accusation, statement of issues, or order issued or filed in the
matter and, at the request of the Insurance Commissioner or the
Commissioner of Business Oversight, with any underlying factual
material relevant to the enforcement or disciplinary action. Any
confidential information provided by the commissioner to the
Insurance Commissioner or the Commissioner of Business Oversight
shall not be made public pursuant to this section. Notwithstanding
any other provision of law, the disclosure of any underlying factual
material to the Insurance Commissioner or the Commissioner of
Business Oversight shall not operate as a waiver of confidentiality
or any privilege that the commissioner may assert.
(b) The commissioner shall establish and maintain, on the Web site
maintained by the Bureau of Real Estate, a database of its
licensees, including those who have been subject to any enforcement
or disciplinary action that triggers the notification requirements of
this section. The database shall also contain a direct link to the
databases, described in Section 17423.1 of the Financial Code and
Section 12414.31 of the Insurance Code and required to be maintained
on the Web sites of the Department of Corporations and the Department
of Insurance, respectively, of persons who have been subject to
enforcement or disciplinary action for malfeasance or misconduct
related to the escrow industry by the Insurance Commissioner and the
Commissioner of Business Oversight.
(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California,
the Bureau of Real Estate, the Real Estate Commissioner, any other
state agency, or any officer, agent, employee, consultant, or
contractor of the state, for the release of any false or unauthorized
information pursuant to this section, unless the release of that
information was done with knowledge and malice, or for the failure to
release any information pursuant to this section.
SEC. 24. Section 10231.2 of the Business and Professions Code is
amended to read:
10231.2. (a) A real estate broker who, through express or implied
representations that the broker or any salesperson acting on the
broker's behalf is engaging in acts for which a real estate license
is required by subdivision (d) or (e) of Section 10131, proposes to
solicit and accept funds, or to cause the solicitation and acceptance
of funds, to be applied to a purchase or loan transaction in which
the broker will directly or indirectly obtain the use or benefit of
the funds other than for commissions, fees, and costs and expenses as
provided by law for the broker's services as an agent, shall, prior
to the making of any representation, solicitation, or presentation of
the statement described in subdivision (b), submit the following to
the Bureau of Real Estate:
(1) A true copy of the statement described in subdivision (b)
complete except for the signature of the prospective lender or
purchaser.
(2) A statement that the submittal is being made to the bureau
pursuant to Section 10231.2.
(b) A broker making a solicitation pursuant to subdivision (a)
shall deliver, or cause to be delivered, to the person solicited, the
applicable completed statement described in Section 10232.5 not less
than 24 hours before the earlier of the acceptance of any funds from
that person by or on behalf of the broker or the execution of any
instrument obligating the person to make the loan or purchase. The
statement shall be signed by the prospective lender or purchaser and
by the real estate broker or, on the broker's behalf, by a real
estate salesperson licensed to the broker. When so executed, an exact
copy of the executed statement shall be given to the prospective
lender or purchaser, and the broker shall retain a true copy of the
executed statement for a period of four years.
(c) None of the provisions of subdivision (a) or (b) shall apply
in the case of an offering of a security authorized pursuant to
applicable provisions of the Corporate Securities Law of 1968
(Division 1 (commencing with Section 25000) of Title 4 of the
Corporations Code).
(d) In the case of a solicitation by a corporate real estate
broker, the provisions of subdivisions (a) and (b) shall apply if the
funds solicited are intended for the direct or indirect use or
benefit of an officer or director of the corporation or of a person
with a 10 percent or greater ownership interest in the corporation.
SEC. 25. Section 10232.1 of the Business and Professions Code is
amended to read:
10232.1. (a) A real estate broker, prior to the use of any
proposed advertisement in connection with the conduct of activities
described in subdivisions (d) and (e) of Section 10131 and Section
10131.1, may submit a true copy thereof to the Bureau of Real Estate
for approval. The submission shall be accompanied by a fee of not
more than forty dollars ($40). The commissioner shall by regulation
prescribe the amount of the fee. If disapproval of the proposed
advertisement is not communicated by the bureau to the broker within
15 calendar days after receipt of the copy of the proposed
advertisement by the bureau, the proposed advertisement shall be
deemed approved, but the bureau shall not be precluded from
disapproving a later publication or other use of the same or similar
advertising.
The commissioner shall adopt regulations pertaining to the
submittal and clearance of that advertising and establishing criteria
for approval to ensure that the public will be protected against
false or misleading representations.
Except as provided in subdivision (b), "advertisement" includes
dissemination in any newspaper, circular, form letter, brochure or
similar publication, display, sign, radio broadcast or telecast,
which concerns (1) the use, terms, rates, conditions, or the amount
of any loan or sale referred to in subdivisions (d) and (e) of
Section 10131 or Section 10131.1 or (2) the security, solvency, or
stability of any person carrying on the activities described in those
sections.
(b) "Advertisement" does not include a letter or brochure that
meets both of the following criteria:
(1) It is restricted in distribution to other real estate brokers
and to persons for whom the broker has previously acted as an agent
in arranging a loan secured by real property or in the purchase,
sale, or exchange of a deed of trust or real property sales contract.
(2) It is restricted in content to the identification and a
description of the terms of loans, mortgages, deeds of trust, real
property sales contracts, or any combination thereof offered for
funding or purchase through the broker as agent.
(c) Subdivision (a) is not applicable to advertising that is used
exclusively in connection with an offering authorized by permit
issued pursuant to the applicable provisions of the Corporate
Securities Law of 1968 (Division 1 (commencing with Section 25000) of
Title 4 of the Corporations Code).
(d) All advertising approvals shall be for a period of five years
after the date of approval. The approval period applies to all
advertising, including that which was previously submitted on a
mandatory basis.
SEC. 26. Section 10232.2 of the Business and Professions Code is
amended to read:
10232.2. A real estate broker who meets the criteria of
subdivision (a) of Section 10232 shall annually file the reports
referred to in subdivisions (a) and (c) with the Bureau of Real
Estate within 90 days after the end of the broker's fiscal year or
within any additional time as the Real Estate Commissioner may allow
for filing for good cause:
(a) The report of a review by a licensed California independent
public accountant of trust fund financial statements, conducted in
accordance with generally accepted accounting practices, which shall
include within its scope the following information for the fiscal
year relative to the business activities of the broker described in
subdivisions (d) and (e) of Section 10131:
(1) The receipt and disposition of all funds of others to be
applied to the making of loans and the purchasing of promissory notes
or real property sales contracts.
(2) The receipt and disposition of all funds of others in
connection with the servicing by the broker of the accounts of owners
of promissory notes and real property sales contracts including
installment payments and loan or contract payoffs by obligors.
(3) A statement as of the end of the fiscal year which shall
include an itemized trust fund accounting of the broker and
confirmation that the trust funds are on deposit in an account or
accounts maintained by the broker in a financial institution.
(b) A broker who meets the criteria of Section 10232, but who, in
carrying on the activities described in subdivisions (d) and (e) of
Section 10131, has not during a fiscal year, accepted for the benefit
of a person to whom the broker is a trustee, any payment or
remittance in a form convertible to cash by the broker, need not
comply with the provisions of subdivision (a). In lieu thereof, the
broker shall submit to the commissioner within 30 days after the end
of the broker's fiscal year or, within any additional time as the
commissioner may allow for a filing for good cause, a notarized
statement under penalty of perjury on a form provided by the bureau
attesting to the fact that the broker did not receive any trust funds
in cash or convertible to cash during the fiscal year.
(c) A report of all of the following aspects of the business
conducted by the broker while engaging in activities described in
subdivisions (d) and (e) of Section 10131 and in Section 10131.1:
(1) Number and aggregate dollar amount of loan, trust deed sales
, and real property sales contract transactions
negotiated.
(2) Number and aggregate dollar amount of promissory notes and
contracts serviced by the broker or an affiliate of the broker.
(3) Number and aggregate dollar amount of late payment charges,
prepayment penalties , and other fees or charges collected
and retained by the broker under servicing agreements with
beneficiaries and obligees.
(4) Default and foreclosure experience in connection with
promissory notes and contracts subject to servicing agreements
between the broker and beneficiaries or obligees.
(5) Commissions received by the broker for services performed as
agent in negotiating loans and sales of promissory notes and real
property sales contracts.
(6) Aggregate costs and expenses as referred to in Section 10241
paid by borrowers to the broker.
(d) The commissioner shall adopt regulations prescribing the form
and content of the report referred to in subdivision (c) with
appropriate categories to afford a better understanding of the
business conducted by the broker.
(e) If the broker fails to file either of the reports required
under subdivisions (a) and (c) within the time permitted herein, the
commissioner may cause an examination and report to be made and may
charge the broker one and one-half times the cost of making the
examination and report. In determining the hourly cost incurred by
the commissioner for conducting an examination and preparing the
report, the commissioner may use the estimated average hourly cost
for all department audit staff performing audits of real estate
brokers. If a broker fails to pay the above amount within 60 days of
the mailing of a notice of billing, the commissioner may suspend the
broker's license or deny renewal of the broker's license. The
suspension or denial shall remain in effect until the above amount is
paid or the broker's right to renew a license has expired. The
commissioner may maintain an action for the recovery of the above
amount in any court of competent jurisdiction.
(f) The reports referred to in subdivisions (a) and (c) are
exempted from any requirement of public disclosure by paragraph (2)
of subdivision (d) of Section 6254 of the Government Code. The
commissioner shall annually make and file as a public record, a
composite of the annual reports and any comments thereon which are
deemed to be in the public interest.
SEC. 27. Section 10235.5 of the Business and Professions Code is
amended to read:
10235.5. (a) No real estate licensee or mortgage loan originator
shall place an advertisement disseminated primarily in this state for
a loan unless there is disclosed within the printed text of that
advertisement, or the oral text in the case of a radio or television
advertisement, the Bureau of Real Estate number and the unique
identifier assigned to that licensee by the Nationwide Mortgage
Licensing System and Registry under which the loan would be made or
arranged.
(b) "Mortgage loan originator," "unique identifier," and
"Nationwide Mortgage Licensing System and Registry" have the meanings
set forth in Section 10166.01.
SEC. 28. Section 10236.2 of the Business and Professions Code is
amended to read:
10236.2. (a) A real estate broker who satisfies the criteria of
subdivision (a) or (b) of Section 10232 and who fails to notify the
Bureau of Real Estate, in writing, of that fact within 30 days
thereafter as required by subdivision (e) of Section 10232 shall be
assessed a penalty of fifty dollars ($50) per day for each additional
day written notification has not been
received up to and including the 30th day after the
first day of the assessment penalty. On and after the 31st day the
penalty is one hundred dollars ($100) per day, not to exceed a total
penalty of ten thousand dollars ($10,000), regardless of the number
of days, until the bureau receives the written notification.
(b) The commissioner may suspend or revoke the license of any real
estate broker who fails to pay a penalty imposed under this section.
In addition, the commissioner may bring an action in an appropriate
court of this state to collect payment of the penalty.
(c) All penalties paid or collected under this section shall be
deposited into the Consumer Recovery Account of the Real Estate Fund.
SEC. 29. Section 10249.3 of the Business and Professions Code is
amended to read:
10249.3. (a) The commissioner may by regulation prescribe filing
fees in connection with registrations with the bureau pursuant to the
provisions of this article that are lower than the maximum fees
specified in subdivision (b) if the commissioner determines that the
lower fees are sufficient to offset the costs and expenses incurred
in the administration of this article. The commissioner shall hold at
least one hearing each calendar year to determine if lower fees than
those specified in subdivision (b) should be prescribed.
(b) The filing fee for an application for a registration with the
bureau pursuant to the provisions of this article shall not exceed
the following for each subdivision or phase of the subdivision in
which interests are to be offered for sale or lease:
(1) An application for an original registration: One hundred
dollars ($100).
(2) An application for a renewal registration: One hundred dollars
($100).
(3) An application for an amended registration: One hundred
dollars ($100).
(c) All fees collected by the Bureau of Real Estate under
authority of this article shall be deposited into the Real Estate
Fund under Chapter 6 (commencing with Section 10450) of Part 1. All
fees received by the bureau pursuant to the provisions of this
article shall be deemed earned upon receipt. No part of any fee is
refundable unless the commissioner determines that it was paid as a
result of mistake or inadvertence.
SEC. 30. Section 10249.8 of the Business and Professions Code is
amended to read:
10249.8. (a) Notwithstanding any provision to the contrary in
Section 10249 or 11000, it is unlawful for a person, in this state,
to sell or lease or offer for sale or lease lots, parcels, or
interests in a subdivision, as defined in Section 10249.1, entirely
located outside of this state but within the United States, unless
any printed material, literature, advertising, or invitation in this
state relating to that sale, lease, or offer clearly and
conspicuously contains the following disclaimer in at least 10-point
type:
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT INSPECTED,
EXAMINED, OR QUALIFIED THIS OFFERING.
(b) If an offer on property described in subdivision (a) is not
initially made in writing, the disclaimer set forth in subdivision
(c) shall be received by the offeree in writing prior to a visit to a
location, sales presentation, or contact with a person representing
the offeror, when the visit or contact was scheduled or arranged by
the offeror or its representative. The deposit of the disclaimer in
the United States mail, addressed to the offeree and with first-class
postage prepaid, at least five days prior to the scheduled or
arranged visit or contact, shall be deemed to constitute delivery for
purposes of this section.
(c) If a California resident is presented with an agreement or
contract to lease or purchase any property described in subdivision
(a), where an offer to lease or purchase that property was made to
that resident in California, a copy of the disclaimer set forth in
this subdivision shall be inserted in at least 10-point type at the
top of the first page of that agreement or contract and shall be
initialed by that California resident.
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT QUALIFIED,
INSPECTED, OR EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO,
THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT
(IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW
PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY
PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER,
CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF
WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR
YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS
FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE STATE WHERE
THIS SUBDIVISION IS SITUATED.
SEC. 31. Section 10249.9 of the Business and Professions Code is
amended to read:
10249.9. (a) Notwithstanding any provision to the contrary in
Section 10249 or 11000, it is unlawful for a person, in this state,
to sell or lease or offer for sale or lease a lot, parcel, or
interest in a subdivision, located outside the United States, unless
the printed material, literature, advertising, or invitation in this
state relating to that sale, lease, or offer clearly and
conspicuously contains the following disclaimer in at least 10-point
capital type:
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT EXAMINED
THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE,
THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO
ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT
MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS,
CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS
(IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR
IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR
OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND
DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED.
(b) If an offer on property described in subdivision (a) is not
initially made in writing, the foregoing disclaimer shall be received
by the offeree in writing prior to a visit to a location, sales
presentation, or contact with a person representing the offeror, when
the visit or contact was scheduled or arranged by the offeror or its
representative. The deposit of the disclaimer in the United States
mail, addressed to the offeree and with first-class postage prepaid,
at least five days prior to the scheduled or arranged visit or
contact, shall be deemed to constitute delivery for purposes of this
section.
(c) If any California resident is presented with an agreement or
contract to lease or purchase a property described in subdivision
(a), where an offer to lease or purchase that property was made to
that resident in California, a copy of the disclaimer set forth in
subdivision (a) shall be inserted in at least 10-point type at the
top of the first page of that agreement or contract and shall be
initialed by that California resident.
SEC. 32. Section 10471 of the Business and Professions Code is
amended to read:
10471. (a) When an aggrieved person obtains (1) a final judgment
in a court of competent jurisdiction, including, but not limited to,
a criminal restitution order issued pursuant to subdivision (f) of
Section 1202.4 of the Penal Code or Section 3663 of Title 18 of the
United States Code, or (2) an arbitration award that includes
findings of fact and conclusions of law rendered in accordance with
the rules established by the American Arbitration Association or
another recognized arbitration body, and in accordance with Sections
1281 to 1294.2, inclusive, of the Code of Civil Procedure where
applicable, and where the arbitration award has been confirmed and
reduced to judgment pursuant to Section 1287.4 of the Code of Civil
Procedure, against a defendant based upon the defendant's fraud,
misrepresentation, or deceit, made with intent to defraud, or
conversion of trust funds, arising directly out of any transaction in
which the defendant, while licensed under this part, performed acts
for which a real estate license was required, the aggrieved person
may, upon the judgment becoming final, file an application with the
Bureau of Real Estate for payment from the Consumer Recovery Account,
within the limitations specified in Section 10474, of the amount
unpaid on the judgment that represents an actual and direct loss to
the claimant in the transaction. As used in this chapter, "court of
competent jurisdiction" includes the federal courts, but does not
include the courts of another state.
(b) The application shall be delivered in person or by certified
mail to an office of the bureau not later than one year after the
judgment has become final.
(c) The application shall be made on a form prescribed by the
bureau, verified by the claimant, and shall include the following:
(1) The name and address of the claimant.
(2) If the claimant is represented by an attorney, the name,
business address, and telephone number of the attorney.
(3) The identification of the judgment, the amount of the claim
, and an explanation of its computation.
(4) A detailed narrative statement of the facts in explanation of
the allegations of the complaint upon which the underlying judgment
is based.
(5) (A) Except as provided in subparagraph (B), a statement by the
claimant, signed under penalty of perjury, that the complaint upon
which the underlying judgment is based was prosecuted conscientiously
and in good faith. As used in this section, "conscientiously and in
good faith" means that no party potentially liable to the claimant in
the underlying transaction was intentionally and without good cause
omitted from the complaint, that no party named in the complaint who
otherwise reasonably appeared capable of responding in damages was
dismissed from the complaint intentionally and without good cause,
and that the claimant employed no other procedural means contrary to
the diligent prosecution of the complaint in order to seek to qualify
for the Consumer Recovery Account.
(B) For the purpose of an application based on a criminal
restitution order, all of the following statements by the claimant:
(i) The claimant has not intentionally and without good cause
failed to pursue any person potentially liable to the claimant in the
underlying transaction other than a defendant who is the subject of
a criminal restitution order.
(ii) The claimant has not intentionally and without good cause
failed to pursue in a civil action for damages all persons
potentially liable to the claimant in the underlying transaction who
otherwise reasonably appeared capable of responding in damages other
than a defendant who is the subject of a criminal restitution order.
(iii) The claimant employed no other procedural means contrary to
the diligent prosecution of the complaint in order to seek to qualify
for the Consumer Recovery Account.
(6) The name and address of the judgment debtor or, if not known,
the names and addresses of persons who may know the judgment debtor's
present whereabouts.
(7) The following representations and information from the
claimant:
(A) That he or she is not a spouse of the judgment debtor nor a
personal representative of the spouse.
(B) That he or she has complied with all of the requirements of
this chapter.
(C) That the judgment underlying the claim meets the requirements
of subdivision (a).
(D) A description of searches and inquiries conducted by or on
behalf of the claimant with respect to the judgment debtor's assets
liable to be sold or applied to satisfaction of the judgment, an
itemized valuation of the assets discovered, and the results of
actions by the claimant to have the assets applied to satisfaction of
the judgment.
(E) That he or she has diligently pursued collection efforts
against all judgment debtors and all other persons liable to the
claimant in the transaction that is the basis for the underlying
judgment.
(F) That the underlying judgment and debt have not been discharged
in bankruptcy, or, in the case of a bankruptcy proceeding that is
open at or after the time of the filing of the application, that the
judgment and debt have been declared to be nondischargeable.
(G) That the application was mailed or delivered to the bureau no
later than one year after the underlying judgment became final.
(d) If the claimant is basing his or her application upon a
judgment against a salesperson, and the claimant has not obtained a
judgment against that salesperson's employing broker, if any, or has
not diligently pursued the assets of that broker, the application
shall be denied for failure to diligently pursue the assets of all
other persons liable to the claimant in the transaction unless the
claimant can demonstrate, by clear and convincing evidence, either
that the salesperson was not employed by a broker at the time of the
transaction, or that the salesperson's employing broker would not
have been liable to the claimant because the salesperson was acting
outside the scope of his or her employment by the broker in the
transaction.
(e) The application form shall include detailed instructions with
respect to documentary evidence, pleadings, court rulings, the
products of discovery in the underlying litigation, and a notice to
the applicant of his or her obligation to protect the underlying
judgment from discharge in bankruptcy, to be appended to the
application.
(f) An application for payment from the Consumer Recovery Account
that is based on a criminal restitution order shall comply with all
of the requirements of this chapter. For the purpose of an
application based on a criminal restitution order, the following
terms have the following meanings:
(1) "Judgment" means the criminal restitution order.
(2) "Complaint" means the facts of the underlying transaction upon
which the criminal restitution order is based.
(3) "Judgment debtor" means any defendant who is the subject of
the criminal restitution order.
The amendments to this section made at the July 1997-98 Regular
Session shall become operative July 1, 2000.
SEC. 33. Section 10471.1 of the Business and Professions Code is
amended to read:
10471.1. (a) The claimant shall serve a copy of the notice
prescribed in subdivision (e) together with a copy of the application
upon the judgment debtor by personal service, by certified mail, or
by publication, as set forth in subdivision (b).
(b) If the judgment debtor holds an unexpired and unrevoked
license issued by the bureau, service of the notice and a copy of the
application may be made by certified mail addressed to the judgment
debtor at the latest business or residence address on file with the
bureau. If the judgment debtor does not hold an unexpired and
unrevoked license issued by the bureau and personal service cannot be
effected through the exercise of reasonable diligence, the claimant
shall serve the judgment debtor by one publication of the notice in
each of two successive weeks in a newspaper of general circulation
published in the county in which the judgment debtor was last known
to reside.
(c) If the application is served upon the judgment debtor by
certified mail, service is complete five days after mailing if the
place of address is within the State of California, 10 days after
mailing if the place of address is outside the State of California
but within the United States, and 20 days after mailing if the place
of address is outside the United States. Personal service is complete
on the date of service. Service by publication is complete upon
completion of the second week of publication.
(d) If a judgment debtor wishes to contest payment of an
application by the commissioner, he or she shall mail or deliver a
written response to the application addressed to the bureau at its
headquarters office within 30 days after service of the notice and
application, and shall mail or deliver a copy of the response to the
claimant. If a judgment debtor fails to mail or deliver a timely
response, he or she shall have waived his or her right to present
objections to payment.
(e) The notice served upon the judgment debtor shall include the
following statement:
""NOTICE: Based upon a judgment entered
against you in favor of ______________________
(name of claimant)
, application for payment from the Consumer
Recovery Account of the Real Estate Fund is
being made to the Bureau of Real Estate.
""If payment is made from the Consumer
Recovery Account, all licenses and license
rights that you have under the Real Estate Law
will be automatically suspended on the date of
payment and cannot be reinstated until the
Consumer Recovery Account has been reimbursed
for the amount paid plus interest at the
prevailing rate.
""If you wish to contest payment by the Real
Estate Commissioner, you must file a written
response to the application addressed to the
Bureau of Real Estate at ___________ within 30
days after mailing, delivery, or publication of
this notice and mail or deliver a copy of that
response to the claimant. If you fail to do so,
you will have waived your right to present your
objections to payment.''
(f) If a judgment debtor fails to mail or deliver a written
response to the application with the bureau within 30 days after
personal service, mailing, or final publication of the notice, the
judgment debtor shall not thereafter be entitled to notice of any
action taken or proposed to be taken by the commissioner with respect
to the application.
SEC. 34. Section 10472 of the Business and Professions Code is
amended to read:
10472. (a) A claimant against whom the commissioner has rendered
a decision denying an application pursuant to Section 10471 may,
within six months after the mailing of the notice of the denial, file
a verified application in superior court for an Order Directing
Payment Out of the Consumer Recovery Account based upon the grounds
set forth in the application to the commissioner. If the underlying
judgment is a California state court judgment, the application shall
be filed in the court in which the underlying judgment was entered.
If the underlying judgment is a federal court judgment, the
application shall be filed in the superior court of any county within
California that would have been a proper venue if the underlying
lawsuit had been filed in a California state court, or in the
Superior Court of the County of Sacramento.
(b) A copy of the verified application shall be served upon the
commissioner and upon the judgment debtor. A certificate or affidavit
of service shall be filed by the claimant with the court. Service on
the commissioner may be made by certified mail addressed to the
headquarters office of the bureau. Service upon a judgment debtor may
be made in accordance with Section 10471.1. The notice served upon
the judgment debtor shall read as follows:
"NOTICE: An application has been filed with the court for a
payment from the Consumer Recovery Account that was previously denied
by the Real Estate Commissioner.
"If the Bureau of Real Estate makes a payment from the Consumer
Recovery Account pursuant to court order, all of your licenses and
license rights under the Real Estate Law will be automatically
suspended until the Consumer Recovery Account has been reimbursed for
the amount paid plus interest at the prevailing rate.
"If you wish to defend in court against this application, you must
file a written response with the court within 30 days after having
been served with a copy of the application. If you do not file a
written response, you will have waived your right to defend against
the application."
SEC. 35. Section 11003.4 of the Business and
Professions Code is amended to read:
11003.4. (a) A "limited-equity housing cooperative" or a
"workforce housing cooperative trust" is a corporation that meets the
criteria of Section 11003.2 and that also meets the criteria of
Sections 817 and 817.1 of the Civil Code, as applicable. Except as
provided in subdivision (b), a limited-equity housing or workforce
housing cooperative trust shall be subject to all the requirements of
this chapter pertaining to stock cooperatives.
(b) A limited-equity housing cooperative or a workforce housing
cooperative trust shall be exempt from the requirements of this
chapter if the limited-equity housing cooperative or workforce
housing cooperative trust complies with all the following conditions:
(1) The United States Department of Housing and Urban Development,
the United States Department of Agriculture, the National Consumers
Cooperative Bank, the California Housing Finance Agency, the Public
Employees' Retirement System (PERS), the State Teachers' Retirement
System (STRS), the Department of Housing and Community Development,
or the Federal Home Loan Bank System or any of its member
institutions, alone or in any combination with each other, or with
the city, county, school district, or redevelopment agency in which
the cooperative is located, directly finances or subsidizes at least
50 percent of the total construction or development cost or one
hundred thousand dollars ($100,000), whichever is less; or the real
property to be occupied by the cooperative was sold or leased by the
Transportation Agency, other state agency, a city, a county, or a
school district for the development of the cooperative and has a
regulatory agreement approved by the Department of Housing and
Community Development for the term of the permanent financing,
notwithstanding the source of the permanent subsidy or financing.
(2) No more than 20 percent of the total development cost of a
limited-equity mobilehome park, and no more than 10 percent of the
total development cost of other limited-equity housing cooperatives,
is provided by purchasers of membership shares.
(3) A regulatory agreement that covers the cooperative for a term
of at least as long as the duration of the permanent financing or
subsidy, notwithstanding the source of the permanent subsidy or
financing has been duly executed between the recipient of the
financing and either (A) one of the federal or state agencies
specified in paragraph (1) or (B) a local public agency that is
providing financing for the project under a regulatory agreement
meeting standards of the Department of Housing and Community
Development. The regulatory agreement shall make provision for at
least all of the following:
(A) Assurances for completion of the common areas and facilities
to be owned or leased by the limited-equity housing cooperative,
unless a construction agreement between the same parties contains
written assurances for completion.
(B) Governing instruments for the organization and operation of
the housing cooperative by the members.
(C) The ongoing fiscal management of the project by the
cooperative, including an adequate budget, reserves, and provisions
for maintenance and management.
(D) Distribution of a membership information report to any
prospective purchaser of a membership share, prior to purchase of
that share. The membership information report shall contain full
disclosure of the financial obligations and responsibilities of
cooperative membership, the resale of shares, the financing of the
cooperative including any arrangements made with any partners,
membership share accounts, occupancy restrictions, management
arrangements, and any other information pertinent to the benefits,
risks, and obligations of cooperative ownership.
(4) The federal, state, or local public agency that executes the
regulatory agreement shall satisfy itself that the bylaws, articles
of incorporation, occupancy agreement, subscription agreement, any
lease of the regulated premises, any arrangement with partners, and
arrangement for membership share accounts provide adequate protection
of the rights of cooperative members.
(5) The federal or state agency shall receive from the attorney
for the recipient of the financing or subsidy a legal opinion that
the cooperative meets the requirements of Section 817 of the Civil
Code and the exemption provided by this section.
(c) Any limited-equity cooperative, or workforce housing
cooperative trust that meets the requirements for exemption pursuant
to subdivision (b) may elect to be subject to all provisions of this
chapter.
(d) The developer of the cooperative shall notify the Bureau of
Real Estate, on a form provided by the bureau, that an exemption is
claimed under this section. The Bureau of Real Estate shall retain
this form for at least four years for statistical purposes.
SEC. 36. SEC. 35. Section 11010 of
the Business and Professions Code is amended to read:
11010. (a) Except as otherwise provided pursuant to subdivision
(c) or elsewhere in this chapter, any person who intends to offer
subdivided lands within this state for sale or lease shall file with
the Bureau of Real Estate an application for a public report
consisting of a notice of intention and a completed questionnaire on
a form prepared by the bureau.
(b) The notice of intention shall contain the following
information about the subdivided lands and the proposed offering:
(1) The name and address of the owner.
(2) The name and address of the subdivider.
(3) The legal description and area of lands.
(4) A true statement of the condition of the title to the land,
particularly including all encumbrances thereon.
(5) A true statement of the terms and conditions on which it is
intended to dispose of the land, together with copies of any
contracts intended to be used.
(6) A true statement of the provisions, if any, that have been
made for public utilities in the proposed subdivision, including
water, electricity, gas, telephone, and sewerage facilities. For
subdivided lands that were subject to the imposition of a condition
pursuant to subdivision (b) of Section 66473.7 of the Government
Code, the true statement of the
provisions made for water shall be satisfied by submitting a
copy of the written verification of the available water supply
obtained pursuant to Section 66473.7 of the Government Code.
(7) A true statement of the use or uses for which the proposed
subdivision will be offered.
(8) A true statement of the provisions, if any, limiting the use
or occupancy of the parcels in the subdivision.
(9) A true statement of the amount of indebtedness that is a lien
upon the subdivision or any part thereof, and that was incurred to
pay for the construction of any onsite or offsite improvement, or any
community or recreational facility.
(10) A true statement or reasonable estimate, if applicable, of
the amount of any indebtedness which has been or is proposed to be
incurred by an existing or proposed special district, entity, taxing
area, assessment district, or community facilities district within
the boundaries of which, the subdivision, or any part thereof, is
located, and that is to pay for the construction or installation of
any improvement or to furnish community or recreational facilities to
that subdivision, and which amounts are to be obtained by ad valorem
tax or assessment, or by a special assessment or tax upon the
subdivision, or any part thereof.
(11) A notice pursuant to Section 1102.6c of the Civil Code.
(12) (A) As to each school district serving the subdivision, a
statement from the appropriate district that indicates the location
of each high school, junior high school, and elementary school
serving the subdivision, or documentation that a statement to that
effect has been requested from the appropriate school district.
(B) In the event that, as of the date the notice of intention and
application for issuance of a public report are otherwise deemed to
be qualitatively and substantially complete pursuant to Section
11010.2, the statement described in subparagraph (A) has not been
provided by any school district serving the subdivision, the person
who filed the notice of intention and application for issuance of a
public report shall immediately provide the bureau with the name,
address, and telephone number of that district.
(13) (A) The location of all existing airports, and of all
proposed airports shown on the general plan of any city or county,
located within two statute miles of the subdivision. If the property
is located within an airport influence area, the following statement
shall be included in the notice of intention:
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the
vicinity of an airport, within what is known as
an airport influence area. For that reason, the
property may be subject to some of the
annoyances or inconveniences associated with
proximity to airport operations (for example:
noise, vibration, or odors). Individual
sensitivities to those annoyances, if any, are
associated with the property before you
complete your purchase and determine whether
they are acceptable to you.
(B) For purposes of this section, an "airport influence area,"
also known as an "airport referral area," is the area in which
current or future airport-related noise, overflight, safety, or
airspace protection factors may significantly affect land uses or
necessitate restrictions on those uses as determined by an airport
land use commission.
(14) A true statement, if applicable, referencing any soils or
geologic report or soils and geologic reports that have been prepared
specifically for the subdivision.
(15) A true statement of whether or not fill is used, or is
proposed to be used, in the subdivision and a statement giving the
name and the location of the public agency where information
concerning soil conditions in the subdivision is available.
(16) On or after July 1, 2005, as to property located within the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, a statement that the property is so located and the
following notice:
NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
JURISDICTION
This property is located within the jurisdiction of the San
Francisco Bay Conservation and Development Commission. Use and
development of property within the commission's jurisdiction may be
subject to special regulations, restrictions, and permit
requirements. You may wish to investigate and determine whether they
are acceptable to you and your intended use of the property before
you complete your transaction.
(17) If the property is presently located within one mile of a
parcel of real property designated as "Prime Farmland," "Farmland of
Statewide Importance," "Unique Farmland," "Farmland of Local
Importance," or "Grazing Land" on the most current "Important
Farmland Map" issued by the California Department of Conservation,
Division of Land Resource Protection, utilizing solely the
county-level GIS map data, if any, available on the Farmland Mapping
and Monitoring Program Website. If the residential property is within
one mile of a designated farmland area, the report shall contain the
following notice:
NOTICE OF RIGHT TO FARM
This property is located within one mile of a farm or ranch land
designated on the current county-level GIS "Important Farmland Map,"
issued by the California Department of Conservation, Division of Land
Resource Protection. Accordingly, the property may be subject to
inconveniences or discomforts resulting from agricultural operations
that are a normal and necessary aspect of living in a community with
a strong rural character and a healthy agricultural sector. Customary
agricultural practices in farm operations may include, but are not
limited to, noise, odors, dust, light, insects, the operation of
pumps and machinery, the storage and disposal of manure, bee
pollination, and the ground or aerial application of fertilizers,
pesticides, and herbicides. These agricultural practices may occur at
any time during the 24-hour day. Individual sensitivities to those
practices can vary from person to person. You may wish to consider
the impacts of such agricultural practices before you complete your
purchase. Please be advised that you may be barred from obtaining
legal remedies against agricultural practices conducted in a manner
consistent with proper and accepted customs and standards pursuant to
Section 3482.5 of the Civil Code or any pertinent local ordinance.
(18) Any other information that the owner, his or her agent, or
the subdivider may desire to present.
(c) The commissioner may, by regulation, or on the basis of the
particular circumstances of a proposed offering, waive the
requirement of the submission of a completed questionnaire if the
commissioner determines that prospective purchasers or lessees of the
subdivision interests to be offered will be adequately protected
through the issuance of a public report based solely upon information
contained in the notice of intention.
SEC. 37. SEC. 36. Section 11010.8 of
the Business and Professions Code is amended to read:
11010.8. (a) The requirement that a notice of intention be filed
pursuant to Section 11010 is not applicable to the purchase of a
mobilehome park by a nonprofit corporation if all of the following
occur:
(1) A majority of the shareholders or members of the nonprofit
corporation constitute a majority of the homeowners of the mobilehome
park, and a majority of the members of the board of directors of the
nonprofit corporation are homeowners of the mobilehome park.
(2) All members of the corporation are residents of the mobilehome
park. Members of the nonprofit corporation may enter into leases
with the corporation that are greater than five years in length.
"Homeowners" or "residents" of the mobilehome park shall include a
bona fide secured party who has, pursuant to a security interest in a
membership, taken title to the membership by means of foreclosure,
repossession, or voluntary repossession, and who is actively
attempting to resell the membership to a prospective resident or
homeowner of the mobilehome park, in accordance with subdivision (f)
of Section 7312 of the Corporations Code.
(3) A permit to issue securities under Section 25113 of the
Corporations Code is obtained from the Department of Business
Oversight, Division of Corporations. In the case of a nonissuer
transaction (as defined by Section 25011 of the Corporations Code)
involving the offer to resell or the resale of memberships by a bona
fide secured party as described in paragraph (2) of this section, a
permit is not required where the transaction is exempt from the
qualification requirements of Section 25130 of the Corporations Code
pursuant to subdivision (e) of Section 25104 of the Corporations
Code. The exemption from qualification pursuant to subdivision (e) of
Section 25104 of the Corporations Code available to a bona fide
secured party does not eliminate the requirement of this section that
the nonprofit corporation shall either file a notice of intention
pursuant to Section 11010 or obtain a permit pursuant to Section
25113 of the Corporations Code.
(4) All funds of tenants for the purchase of the mobilehome park
are deposited in escrow until the document transferring title of the
mobilehome park to the nonprofit corporation is recorded. The escrow
also shall include funds of homeowners that shall be available to the
homeowners association nonprofit corporation for payment of any and
all costs reasonably associated with the processing and conversion of
the mobilehome park into condominium interests. Payment of these
costs may be made from the funds deposited in escrow prior to the
close of escrow upon the direction of the homeowners association
nonprofit corporation.
(b) The funds described by paragraph (4) of subdivision (a), or
any other funds subsequently received from tenants for purposes other
than the purchase of a separate subdivided interest in any portion
of the mobilehome park, are not subject to the requirements of
Section 11013.1, 11013.2, or 11013.4.
SEC. 38. SEC. 37. Section 11011 of
the Business and Professions Code is amended to read:
11011. (a) The commissioner may by regulation prescribe filing
fees in connection with applications to the Bureau of Real Estate
pursuant to this chapter that are lower than the maximum fees
specified in subdivision (b) if the commissioner determines that the
lower fees are sufficient to offset the costs and expenses incurred
in the administration of this chapter. The commissioner shall hold at
least one hearing each calendar year to determine if lower fees than
those specified in subdivision (b) should be prescribed.
(b) The filing fee for an application for a public report to be
issued under authority of this chapter shall not exceed the following
for each subdivision or phase of a subdivision in which interests
are to be offered for sale or lease:
(1) A notice of intention without a completed questionnaire: One
hundred fifty dollars ($150).
(2) An original public report for subdivision interests described
in Section 11004.5: One thousand seven hundred dollars ($1,700) plus
ten dollars ($10) for each subdivision interest to be offered.
(3) An original public report for subdivision interests other than
those described in Section 11004.5: Six hundred dollars ($600) plus
ten dollars ($10) for each subdivision interest to be offered.
(4) A conditional public report for subdivision interests
described in Section 11004.5: Five hundred dollars ($500).
(5) A conditional public report for subdivision interests other
than those described in Section 11004.5: Five hundred dollars ($500).
(6) A preliminary public report for subdivision interests
described in Section 11004.5: Five hundred dollars ($500).
(7) A preliminary public report for subdivision interests other
than those described in Section 11004.5: Five hundred dollars ($500).
(8) A renewal public report for subdivision interests described in
Section 11004.5: Six hundred dollars ($600).
(9) A renewal public report for subdivision interests other than
those described in Section 11004.5: Six hundred dollars ($600).
(10) An amended public report for subdivision interests described
in Section 11004.5: Five hundred dollars ($500) plus ten dollars
($10) for each subdivision interest to be offered under the amended
public report for which a fee has not previously been paid.
(11) An amended public report to offer subdivision interests other
than those described in Section 11004.5: Five hundred dollars ($500)
plus ten dollars ($10) for each subdivision interest to be offered
under the amended public report for which a fee has not previously
been paid.
(c) The filing fee to review a declaration as described in Section
11010.10 shall not exceed two hundred dollars ($200).
(d) The actual subdivision fees established by regulation under
authority of this section and Section 10249.3 shall not exceed the
amount reasonably required by the bureau to administer this part and
Article 8 (commencing with Section 10249) of Chapter 3 of Part 1.
(e) All fees collected by the bureau under authority of this
chapter shall be deposited into the Real Estate Fund under Chapter 6
(commencing with Section 10450) of Part 1. All fees received by the
bureau pursuant to this chapter shall be deemed earned upon receipt.
No part of any fee is refundable unless the commissioner determines
that it was paid as the result of a mistake or inadvertence.
This section shall remain in effect unless it is superseded
pursuant to Section 10226 or subdivision (a) of Section 10226.5,
whichever is applicable.
SEC. 39. SEC. 38. Section 11012 of
the Business and Professions Code is amended to read:
11012. It is unlawful for the owner, his or her agent,
or subdivider, of the project, after it is submitted to the Bureau
of Real Estate, to materially change the setup of such offering
without first notifying the bureau in writing of such intended
change. This section only applies to those changes of which the
owner, his or her agent, or subdivider has knowledge or
constructive knowledge.
SEC. 40. SEC. 39. Section 11225 of
the Business and Professions Code is amended to read:
11225. A person shall not be required to register a time-share
plan with the commissioner pursuant to this chapter if any of the
following applies:
(a) The person is an owner of a time-share interest who has
acquired the time-share interest for the person's own use and
occupancy and who later offers it for resale.
(b) The person is a managing entity or an association that is not
otherwise a developer of a time-share plan in its own right, solely
while acting as an association or under a contract with an
association to offer or sell a time-share interest transferred to the
association through foreclosure, deed in lieu of foreclosure, or
gratuitous transfer, if these acts are performed in the regular
course of, or as an incident to, the management of the association
for its own account in the time-share plan. Notwithstanding the
exemption from registration, the association or managing entity shall
provide each purchaser of a time-share interest covered by this
subdivision a copy of the time-share instruments, a copy of the
then-current budget, a written statement of the then-current
assessment amounts, and shall provide the purchaser the opportunity
to rescind the purchase within seven days after receipt of these
documents. Immediately prior to the space reserved in the contract
for the signature of the purchaser, the association or managing
entity shall disclose, in conspicuous type, substantially the
following notice of cancellation:
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN
SEVEN CALENDAR DAYS OF RECEIPT OF THE PUBLIC REPORT OR AFTER THE
DATE YOU SIGN THIS CONTRACT, WHICHEVER DATE IS LATER. IF YOU DECIDE
TO CANCEL THIS CONTRACT, YOU MUST NOTIFY THE ASSOCIATION (OR MANAGING
ENTITY) IN WRITING OF YOUR INTENT TO CANCEL. YOUR NOTICE OF
CANCELLATION SHALL BE EFFECTIVE UPON THE DATE SENT AND SHALL BE SENT
TO (NAME OF ASSOCIATION OR MANAGING ENTITY) AT (ADDRESS OF
ASSOCIATION OR MANAGING ENTITY). YOUR NOTICE OF CANCELLATION MAY ALSO
BE SENT BY FACSIMILE TO (FACSIMILE NUMBER OF THE ASSOCIATION OR
MANAGING ENTITY) OR BY HAND-DELIVERY. ANY ATTEMPT TO OBTAIN A WAIVER
OF YOUR CANCELLATION RIGHT IS VOID AND OF NO EFFECT.
(c) The person is conveyed, assigned, or transferred more than
seven time-share interests from a developer in a single voluntary or
involuntary transaction and subsequently conveys, assigns, or
transfers all of the time-share interests received from the developer
to a single purchaser in a single transaction.
(d) (1) The developer is offering or disposing of a time-share
interest to a purchaser who has previously acquired a time-share
interest from the same developer if the developer has a time-share
plan registered under this chapter, which was originally approved by
the commissioner within the preceding seven years, and the developer
complies in all respects with the provisions of Section 11245, and,
further, provides the purchaser with (A) a cancellation period of at
least seven days, (B) all the time-share disclosure documents that
are required to be provided to purchasers as if the sale occurred in
the state or jurisdiction where the time-share property is located,
and (C) the following disclaimer in conspicuous type:
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT EXAMINED THIS
OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE
STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO
ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT
MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS,
CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS
(IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR
IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR
OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND
DEVELOPMENT LAW IN THE STATE WHERE THIS TIME-SHARE PROPERTY IS
SITUATED.
(2) By making such an offering or disposition, the person is
deemed to consent to the jurisdiction of the commissioner in the
event of a dispute with the purchaser in connection with the offering
or disposition.
(e) It is a single site time-share plan located outside of the
boundaries of the United States or component site of a specific
time-share interest multisite time-share plan located wholly outside
of the boundaries of the United States, or a nonspecific time-share
interest multisite time-share plan in which all component sites are
located wholly outside of the boundaries of the United States.
However, it is unlawful and a violation of this chapter for a person,
in this state, to sell or lease or offer for sale or lease a
time-share interest in such a time-share plan, located outside the
United States, unless the printed material, literature, advertising,
or invitation in this state relating to that sale, lease, or offer
clearly and conspicuously contains the following disclaimer in
capital letters of at least 10-point type:
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT EXAMINED THIS
OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE
STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO
ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT
MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS,
CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS
(IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR
IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR
OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND
DEVELOPMENT LAW IN THE COUNTRY WHERE THIS TIME-SHARE PROPERTY IS
SITUATED.
(1) If an offer of time-share interest in a time-share plan
described in subdivision (e) is not initially made in writing, the
foregoing disclaimer shall be received by the offeree in writing
prior to a visit to a location, sales presentation, or contact with a
person representing the offeror, when the visit or contact was
scheduled or arranged by the offeror or its representative. The
deposit of the disclaimer in the United States mail, addressed to the
offeree and with first-class postage prepaid, at least five days
prior to the scheduled or arranged visit or contact, shall be deemed
to constitute delivery for purposes of this section.
(2) If any California resident is presented with an agreement or
purchase contract to lease or purchase a time-share interest as
described in subdivision (e), where an offer to lease or purchase
that time-share interest was made to that resident in California, a
copy of the disclaimer set forth in subdivision (e) shall be inserted
in at least 10-point type at the top of the first page of that
agreement or purchase contract and shall be initialed by that
California resident.
(3) This subdivision shall not be deemed to exempt from
registration in this state a nonspecific time-share interest
multisite time-share plan in which any component site in the
time-share plan is located in the United States.
SEC. 41. SEC. 40. Section 11232 of
the Business and Professions Code is amended to read:
11232. (a) The commissioner may by regulation prescribe filing
fees in connection with applications to the Bureau of Real Estate for
a public report pursuant to the provisions of this chapter that are
lower than the maximum fees specified in subdivision (b) if the
commissioner determines that the lower fees are sufficient to offset
the costs and expenses incurred in the administration of this
chapter. The commissioner shall hold at least one hearing each
calendar year to determine if lower fees than those specified in
subdivision (b) should be prescribed.
(b) The filing fees for an application for a public report to be
issued under authority of this chapter shall not exceed the following
for each time-share plan, location, or phase of the time-share plan
in which interests are to be offered for sale or lease:
(1) One thousand seven hundred dollars ($1,700) plus ten dollars
($10) for each time-share interest to be offered for an original
public report application.
(2) Six hundred dollars ($600) plus ten dollars ($10) for each
time-share plan interest to be offered that was not permitted to be
offered under the public report to be renewed for a renewal public
report or permit application.
(3) Five hundred dollars ($500) plus ten dollars ($10) for each
time-share interest to be offered under the amended public report for
which a fee has not previously been paid for an amended public
report application.
(4) Five hundred dollars ($500) for a conditional public report
application.
(c) Fees collected by the commissioner under authority of this
chapter shall be deposited into the Real Estate Fund pursuant to
Chapter 6 (commencing with Section 10450) of Part 1. Fees received by
the commissioner pursuant to this article shall be deemed earned
upon receipt. A fee is not refundable unless the commissioner
determines that it was paid as a result of mistake or inadvertency.
This section shall remain in effect unless it is superseded pursuant
to Section 10266 or subdivision (a) of Section 10266.5, whichever is
applicable.
SEC. 42. SEC. 41. Section 11301 of
the Business and Professions Code is amended to read:
11301. (a) There is hereby created within the Department of
Consumer Affairs a Bureau of Real Estate Appraisers to administer and
enforce this part.
(b) Whenever the term "Office of Real Estate Appraisers" appears
in any other law, it means the "Bureau of Real Estate Appraisers."
SEC. 43. SEC. 42. Section 11302 of
the Business and Professions Code is amended to read:
11302. For the purpose of applying this part, the following
terms, unless otherwise expressly indicated, shall mean and have the
following definitions:
(a) "Department" means the Department of Consumer Affairs.
(b) "Appraisal" means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
opinion in a federally related transaction as to the market value of
an adequately described property as of a specific date, supported by
the presentation and analysis of relevant market information.
The term "appraisal" does not include an opinion given by a real
estate licensee or engineer or land surveyor in the ordinary course
of his or her business in connection with a function for which a
license is required under Chapter 7 (commencing with Section 6700) or
Chapter 15 (commencing with Section 8700) of Division 3, or Chapter
3 (commencing with Section 10130) or Chapter 7 (commencing with
Section 10500) and the opinion shall not be referred to as an
appraisal. This part does not apply to a probate referee acting
pursuant to Sections 400 to 408, inclusive, of the Probate Code
unless the appraised transaction is federally related.
(c) "Appraisal Foundation" means the Appraisal Foundation that was
incorporated as an Illinois not-for-profit corporation on November
30, 1987.
(d) (1) "Appraisal management company" means any person or entity
that satisfies all of the following conditions:
(A) Maintains an approved list or lists, containing 11 or more
independent contractor appraisers licensed or certified pursuant to
this part, or employs 11 or more appraisers licensed or certified
pursuant to this part.
(B) Receives requests for appraisals from one or more clients.
(C) For a fee paid by one or more of its clients, delegates
appraisal assignments for completion by its independent contractor or
employee appraisers.
(2) "Appraisal management company" does not include any of the
following, when that person or entity directly contracts with an
independent appraiser:
(A) Any bank, credit union, trust company, savings and loan
association, or industrial loan company doing business under the
authority of, or in accordance with, a license, certificate, or
charter issued by the United States or any state, district,
territory, or commonwealth of the United States that is authorized to
transact business in this state.
(B) Any finance lender or finance broker licensed pursuant to
Division 9 (commencing with Section 22000) of the Financial Code,
when acting under the authority of that license.
(C) Any residential mortgage lender or residential mortgage
servicer licensed pursuant to Division 20 (commencing with Section
50000) of the Financial Code, when acting under the authority of that
license.
(D) Any real estate broker licensed pursuant to Part 1 (commencing
with Section 10000) of Division 4 of the Business and Professions
Code, when acting under
the authority of that license.
(3) "Appraisal management company" does not include any person
licensed to practice law in this state who is working with or on
behalf of a client of that person in connection with one or more
appraisals for that client.
(e) "Appraisal Subcommittee" means the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council.
(f) "Controlling person" means one or more of the following:
(1) An officer or director of an appraisal management company, or
an individual who holds a 10 percent or greater ownership interest in
an appraisal management company.
(2) An individual employed, appointed, or authorized by an
appraisal management company that has the authority to enter into a
contractual relationship with clients for the performance of
appraisal services and that has the authority to enter into
agreements with independent appraisers for the completion of
appraisals.
(3) An individual who possesses the power to direct or cause the
direction of the management or policies of an appraisal management
company.
(g) "Director" or "chief" means the Chief of the Bureau of Real
Estate Appraisers.
(h) "Federal financial institutions regulatory agency" means the
Federal Reserve Board, Federal Deposit Insurance Corporation, Office
of the Comptroller of the Currency, Office of Thrift Supervision,
Federal Home Loan Bank System, National Credit Union Administration,
and any other agency determined by the director to have jurisdiction
over transactions subject to this part.
(i) "Federally related real estate appraisal activity" means the
act or process of making or performing an appraisal on real estate or
real property in a federally related transaction and preparing an
appraisal as a result of that activity.
(j) "Federally related transaction" means any real estate-related
financial transaction which a federal financial institutions
regulatory agency engages in, contracts for or regulates and which
requires the services of a state licensed real estate appraiser
regulated by this part. This term also includes any transaction
identified as such by a federal financial institutions regulatory
agency.
(k) "License" means any license, certificate, permit,
registration, or other means issued by the bureau authorizing the
person to whom it is issued to act pursuant to this part within this
state.
(l) "Licensure" means the procedures and requirements a person
shall comply with in order to qualify for issuance of a license and
includes the issuance of the license.
(m) "Office" or "bureau" means the Bureau of Real Estate
Appraisers.
(n) "Registration" means the procedures and requirements with
which a person or entity shall comply in order to qualify to conduct
business as an appraisal management company.
(o) "State licensed real estate appraiser" is a person who is
issued and holds a current valid license under this part.
(p) "Uniform Standards of Professional Appraisal Practice" are the
standards of professional appraisal practice established by the
Appraisal Foundation.
(q) "Course provider" means a person or entity that provides
educational courses related to professional appraisal practice.
SEC. 44. SEC. 43. Section 11310 of
the Business and Professions Code is amended to read:
11310. The Governor shall appoint, subject to confirmation by the
Senate, the Chief of the Bureau of Real Estate Appraisers who shall,
in consultation with the Governor and the Director of Consumer
Affairs, administer the licensing and certification program for real
estate appraisers. In making the appointment, consideration shall be
given to the qualifications of an individual that demonstrate
knowledge of the real estate appraisal profession.
(a) The chief shall serve at the pleasure of the Governor. The
salary for the chief shall be fixed and determined by the Director of
Consumer Affairs with approval of the Department of Human Resources.
(b) The chief shall not be actively engaged in the appraisal
business or any other affected industry for the term of appointment,
and thereafter the chief shall be subject to Section 87406 of the
Government Code.
(c) The chief, in consultation with the Director of Consumer
Affairs and in accordance with the State Civil Service Act, may
appoint and fix the compensation of legal, clerical, technical,
investigation, and auditing personnel as may be necessary to carry
out this part. All personnel shall perform their respective duties
under the supervision and direction of the chief.
(d) The chief may appoint not more than four deputies as he or she
deems appropriate. The deputies shall perform their respective
duties under the supervision and direction of the chief.
(e) Every power granted to or duty imposed upon the chief under
this part may be exercised or performed in the name of the chief by
the deputies, subject to conditions and limitations as the chief may
prescribe.
SEC. 45. SEC. 44. Section 11313 of
the Business and Professions Code is amended to read:
11313. The bureau is under the supervision and control of the
Director of Consumer Affairs. The duty of enforcing and administering
this part is vested in the chief, and he or she is responsible to
the Director of Consumer Affairs therefor. The chief shall adopt and
enforce rules and regulations as are determined reasonably necessary
to carry out the purposes of this part. Those rules and regulations
shall be adopted pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Regulations adopted by the former Director of the Office of Real
Estate Appraisers shall continue to apply to the bureau and its
licensees.
SEC. 46. SEC. 45. Section 11313.2 of
the Business and Professions Code is repealed.
SEC. 47. SEC. 46. Section 19826 of
the Business and Professions Code is amended to read:
19826. The department shall perform all investigatory functions
required by this chapter, as well as auditing functions under tribal
gaming compacts, and shall have all of the following
responsibilities:
(a) To receive and process applications for any license, permit,
or other approval, and to collect all related fees. The department
shall investigate the qualifications of applicants before any
license, permit, or other approval is issued, and investigate any
request to the commission for any approval that may be required
pursuant to this chapter. The department may recommend the denial or
the limitation, conditioning, or restriction of any license, permit,
or other approval.
(b) To monitor the conduct of all licensees and other persons
having a material involvement, directly or indirectly, with a
gambling operation or its holding company, for the purpose of
ensuring that licenses are not issued or held by, and that there is
no direct or indirect material involvement with, a gambling operation
or holding company by ineligible, unqualified, disqualified, or
unsuitable persons, or persons whose operations are conducted in a
manner that is inimical to the public health, safety, or welfare.
(c) To investigate suspected violations of this chapter or laws of
this state relating to gambling, including any activity prohibited
by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing
with Section 330) of Title 9 of Part 1 of the Penal Code.
(d) To investigate complaints that are lodged against licensees,
or other persons associated with a gambling operation, by members of
the public.
(e) To initiate, where appropriate, disciplinary actions as
provided in this chapter. In connection with any disciplinary action,
the department may seek restriction, limitation, suspension, or
revocation of any license or approval, or the imposition of any fine
upon any person licensed or approved.
(f) To adopt regulations reasonably related to its functions and
duties as specified in this chapter.
(g) Approve the play of any controlled game, including placing
restrictions and limitations on how a controlled game may be played.
The department shall make available to the public the rules of play
and the collection rates of each gaming activity approved for play at
each gambling establishment on the Attorney General's Web site.
Actual costs incurred by the department to review and approve game
rules shall be reimbursed to the department by the licensee making
the request.
SEC. 48. Section 19861 of the Business and
Professions Code is amended to read:
19861. Notwithstanding subdivision (i) of Section 19801, the
commission shall not deny a license to a gambling establishment
solely because it is not open to the public, provided that all of the
following are true: (a) the gambling establishment is situated in a
local jurisdiction that has an ordinance allowing only private clubs,
and the gambling establishment was in operation as a private club
under that ordinance on December 31, 1997, and met all applicable
state and local gaming registration requirements; (b) the gambling
establishment consists of no more than five gaming tables; (c) video
recordings of the entrance to the gambling room or rooms and all
tables situated therein are made during all hours of operation by
means of closed-circuit television cameras, and these recordings are
retained for a period of 30 days and are made available for review by
the department upon request; and (d) the gambling establishment is
open to members of the private club and their spouses in accordance
with membership criteria in effect as of December 31, 1997.
A gambling establishment meeting these criteria, in addition to
the other requirements of this chapter, may be licensed to operate as
a private club gambling establishment until November 30, 2003, or
until the ownership or operation of the gambling establishment
changes from the ownership or operation as of January 1, 1998,
whichever occurs first. Operation of the gambling establishments
after this date shall only be permitted if the local jurisdiction
approves an ordinance, pursuant to Sections 19961 and 19962,
authorizing the operation of gambling establishments that are open to
the public. The department shall adopt regulations implementing this
section. Prior to the department's issuance of a license to a
private club, the department shall ensure that the ownership of the
gambling establishment has remained constant since January 1, 1998,
and the operation of the gambling establishment has not been leased
to any third party.
SEC. 49. Section 19864 of the Business and
Professions Code is amended to read:
19864. (a) Application for a state license or other commission
action shall be submitted to the department on forms furnished by the
department.
(b) The application for a gambling license shall include all of
the following:
(1) The name of the proposed licensee.
(2) The name and location of the proposed gambling establishment.
(3) The gambling games proposed to be conducted.
(4) The names of all persons directly or indirectly interested in
the business and the nature of the interest.
(5) A description of the proposed gambling establishment and
operation.
(6) Any other information and details the department may require
in order to discharge its duties properly.
SEC. 50. SEC. 47. Section 19872 of
the Business and Professions Code is amended to read:
19872. (a) No member of the commission may communicate ex parte,
directly or indirectly, with any applicant, or any agent,
representative, or person acting on behalf of an applicant, upon the
merits of an application for a license, permit, registration, or
approval while the application is being investigated by the
department or pending disposition before the department or the
commission.
(b) No applicant, or any agent, representative, or person acting
on behalf of an applicant, and no person who has a direct or indirect
interest in the outcome of a proceeding to consider an application
for a license, permit, registration, or approval may communicate ex
parte, directly or indirectly, with any member of the commission,
upon the merits of the application while the application is being
investigated by the department or pending disposition before the
department.
(c) No employee or agent of the department, applicant, or any
agent, representative, or person acting on behalf of an applicant,
and no person who has a direct or indirect interest in the outcome of
a proceeding to consider an application for a license, permit,
registration, or approval may communicate ex parte, directly or
indirectly, with any member of the commission, upon the merits of the
application, while the application is pending disposition before the
commission.
(d) The receipt by a member of the commission of an ex parte
communication prohibited by this section may provide the basis for
disqualification of that member or the denial of the application. The
commission shall adopt regulations to implement this subdivision.
(e) For the purposes of this subdivision, "ex parte" means a
communication without notice and opportunity for all parties to
participate in the communication.
(f) Nothing in this section precludes a communication made on the
record at a public hearing on a properly agendized matter.
SEC. 51. SEC. 48. Section 19881 of
the Business and Professions Code is amended to read:
19881. (a) A corporation is not eligible to receive a license to
own a gambling enterprise unless the conduct of controlled gambling
is among the purposes stated in its articles of incorporation and the
articles of incorporation have been submitted to and approved by the
department.
(b) The Secretary of State shall not accept for filing any
articles of incorporation of any corporation that include as a stated
purpose the conduct of controlled gambling, or any amendment
thereto, or any amendment that adds this purpose to articles of
incorporation already filed, unless the articles have, or amendment
has, been approved by the department.
SEC. 52. SEC. 49. Section 19881.5 of
the Business and Professions Code is repealed.
SEC. 53. SEC. 50. Section 912 of the
Civil Code is amended to read:
912. A builder shall do all of the following:
(a) Within 30 days of a written request by a homeowner or his or
her legal representative, the builder shall provide copies of all
relevant plans, specifications, mass or rough grading plans, final
soils reports, Bureau of Real Estate public reports, and available
engineering calculations, that pertain to a homeowner's residence
specifically or as part of a larger development tract. The request
shall be honored if it states that it is made relative to structural,
fire safety, or soils provisions of this title. However, a builder
is not obligated to provide a copying service, and reasonable copying
costs shall be borne by the requesting party. A builder may require
that the documents be copied onsite by the requesting party, except
that the homeowner may, at his or her option, use his or her own
copying service, which may include an offsite copy facility that is
bonded and insured. If a builder can show that the builder maintained
the documents, but that they later became unavailable due to loss or
destruction that was not the fault of the builder, the builder may
be excused from the requirements of this subdivision, in which case
the builder shall act with reasonable diligence to assist the
homeowner in obtaining those documents from any applicable government
authority or from the source that generated the document. However,
in that case, the time limits specified by this section do not apply.
(b) At the expense of the homeowner, who may opt to use an offsite
copy facility that is bonded and insured, the builder shall provide
to the homeowner or his or her legal representative copies of all
maintenance and preventative maintenance recommendations that pertain
to his or her residence within 30 days of service of a written
request for those documents. Those documents shall also be provided
to the homeowner in conjunction with the initial sale of the
residence.
(c) At the expense of the homeowner, who may opt to use an offsite
copy facility that is bonded and insured, a builder shall provide to
the homeowner or his or her legal representative copies of all
manufactured products maintenance, preventive maintenance, and
limited warranty information within 30 days of a written request for
those documents. These documents shall also be provided to the
homeowner in conjunction with the initial sale of the residence.
(d) At the expense of the homeowner, who may opt to use an offsite
copy facility that is bonded and insured, a builder shall provide to
the homeowner or his or her legal representative copies of all of
the builder's limited contractual warranties in accordance with this
part in effect at the time of the original sale of the residence
within 30 days of a written request for those documents. Those
documents shall also be provided to the homeowner in conjunction with
the initial sale of the residence.
(e) A builder shall maintain the name and address of an agent for
notice pursuant to this chapter with the Secretary of State or,
alternatively, elect to use a third party for that notice if the
builder has notified the homeowner in writing of the third party's
name and address, to whom claims and requests for information under
this section may be mailed. The name and address of the agent for
notice or third party shall be included with the original sales
documentation and shall be initialed and acknowledged by the
purchaser and the builder's sales representative.
This subdivision applies to instances in which a builder contracts
with a third party to accept claims and act on the builder's behalf.
A builder shall give actual notice to the homeowner that the builder
has made such an election, and shall include the name and address of
the third party.
(f) A builder shall record on title a notice of the existence of
these procedures and a notice that these procedures impact the legal
rights of the homeowner. This information shall also be included with
the original sales documentation and shall be initialed and
acknowledged by the purchaser and the builder's sales representative.
(g) A builder shall provide, with the original sales
documentation, a written copy of this title, which shall be initialed
and acknowledged by the purchaser and the builder's sales
representative.
(h) As to any documents provided in conjunction with the original
sale, the builder shall instruct the original purchaser to provide
those documents to any subsequent purchaser.
(i) Any builder who fails to comply with any of these requirements
within the time specified is not entitled to the protection of this
chapter, and the homeowner is released from the requirements of this
chapter and may proceed with the filing of an action, in which case
the remaining chapters of this part shall continue to apply to the
action.
SEC. 54. SEC. 51. Section 1675 of
the Civil Code, as amended by Section 25 of Chapter 140 of the
Statutes of 2009, is amended to read:
1675. (a) As used in this section, "residential property" means
real property primarily consisting of a dwelling that meets both of
the following requirements:
(1) The dwelling contains not more than four residential units.
(2) At the time the contract to purchase and sell the property is
made, the buyer intends to occupy the dwelling or one of its units as
his or her residence.
(b) A provision in a contract to purchase and sell residential
property that provides that all or any part of a payment made by the
buyer shall constitute liquidated damages to the seller upon the
buyer's failure to complete the purchase of the property is valid to
the extent that payment in the form of cash or check, including a
postdated check, is actually made if the provision satisfies the
requirements of Sections 1677 and 1678 and either subdivision (c) or
(d) of this section.
(c) If the amount actually paid pursuant to the liquidated damages
provision does not exceed 3 percent of the purchase price, the
provision is valid to the extent that payment is actually made unless
the buyer establishes that the amount is unreasonable as liquidated
damages.
(d) If the amount actually paid pursuant to the liquidated damages
provision exceeds 3 percent of the purchase price, the provision is
invalid unless the party seeking to uphold the provision establishes
that the amount actually paid is reasonable as liquidated damages.
(e) For the purposes of subdivisions (c) and (d), the
reasonableness of an amount actually paid as liquidated damages shall
be determined by taking into account both of the following:
(1) The circumstances existing at the time the contract was made.
(2) The price and other terms and circumstances of any subsequent
sale or contract to sell and purchase the same property if the sale
or contract is made within six months of the buyer's default.
(f) (1) Notwithstanding either subdivision (c) or (d), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit located within a structure of
10 or more residential condominium units and the amount actually paid
to the seller pursuant to the liquidated damages provision exceeds 3
percent of the purchase price of the residential unit in the
transaction, both of the following shall occur in the event of a
buyer's default:
(A) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final
close of escrow of the sale of the unit within the structure.
(B) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer's default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 3 percent of
the originally agreed-upon purchase price of the residential
property or the amount of the seller's losses resulting from the
buyer's default, as calculated by the accounting.
(2) The refund shall be sent to the buyer's last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential condominium units within the structure.
(3) If the amount retained by the seller after the accounting does
not exceed 3 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).
(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages pursuant
to this subdivision.
(5) Notwithstanding the time periods regarding the performance of
the accounting set forth in paragraph (1), if a new qualified buyer
has entered into a contract to purchase the residential property in
question, the seller shall perform the accounting within 60 calendar
days after a new qualified buyer has entered into a contract to
purchase.
(6) As used in this subdivision, "structure" means either of the
following:
(A) Improvements constructed on a common foundation.
(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which the
improvements are located.
(7) As used in this subdivision, "new qualified buyer" means a
buyer who either:
(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an institutional
lender to obtain a loan for an amount equal to the purchase price
less any downpayment possessed by the buyer.
(B) Has contracted to pay a purchase price that is greater than or
equal to the purchase price to be paid by the original buyer.
(g) (1) (A) Notwithstanding subdivision (c), (d), or (f), for the
initial sale of newly constructed attached condominium units, as
defined pursuant to Section 783, that involves the sale of an
attached residential condominium unit described in subparagraph (B),
and the amount actually paid to the seller pursuant to the liquidated
damages provision exceeds 6 percent of the purchase price of the
residential unit in the transaction, both of the following shall
occur in the event of a buyer's default:
(i) The seller shall perform an accounting of its costs and
revenues related to and fairly allocable to the construction and sale
of the residential unit within 60 calendar days after the final
close of escrow of the sale of the unit within the structure.
(ii) The accounting shall include any and all costs and revenues
related to the construction and sale of the residential property and
any delay caused by the buyer's default. The seller shall make
reasonable efforts to mitigate any damages arising from the default.
The seller shall refund to the buyer any amounts previously retained
as liquidated damages in excess of the greater of either 6 percent of
the originally agreed-upon purchase price of the residential
property or the amount of the seller's losses resulting from the
buyer's default, as calculated by the accounting.
(B) This subdivision applies to an attached residential
condominium unit for which both of the following are true:
(i) The unit is located within a structure of 20 or more
residential condominium units, standing over eight stories high, that
is high-density infill development, as defined in paragraph (10) of
subdivision (a) of Section 21159.24 of the Public Resources Code, and
that is located in a city, county, or city and county with a
population density of 1,900 residents per square mile or greater, as
evidenced by the 2000 United States census.
(ii) The purchase price of the unit was more than one million
dollars ($1,000,000).
(2) The refund shall be sent to the buyer's last known address
within 90 days after the final close of escrow of the sale or lease
of all the residential
condominium units within the structure.
(3) If the amount retained by the seller after the accounting does
not exceed 6 percent of the purchase price, the amount is valid
unless the buyer establishes that the amount is unreasonable as
liquidated damages pursuant to subdivision (e).
(4) Subdivision (d) shall not apply to any dispute regarding the
reasonableness of any amount retained as liquidated damages pursuant
to this subdivision.
(5) Notwithstanding the time periods regarding the performance of
the accounting set forth in paragraph (1), if a new qualified buyer
has entered into a contract to purchase the residential property in
question, the seller shall perform the accounting within 60 calendar
days after a new qualified buyer has entered into a contract to
purchase.
(6) As used in this subdivision, "structure" means either of the
following:
(A) Improvements constructed on a common foundation.
(B) Improvements constructed by the same owner that must be
constructed concurrently due to the design characteristics of the
improvements or physical characteristics of the property on which the
improvements are located.
(7) As used in this subdivision, "new qualified buyer" means a
buyer who either:
(A) Has been issued a loan commitment, which satisfies the
purchase agreement loan contingency requirement, by an institutional
lender to obtain a loan for an amount equal to the purchase price
less any downpayment possessed by the buyer.
(B) Has contracted to pay a purchase price that is greater than or
equal to the purchase price to be paid by the original buyer.
(8) Commencing on July 1, 2010, and annually on each July 1
thereafter, the dollar amount of the minimum purchase price specified
in paragraph (1) shall be adjusted. The Real Estate Commissioner
shall determine the amount of the adjustment based on the change in
the median price of a single family home in California, as determined
by the most recent data available from the Federal Housing Finance
Board. Upon determining the amount of the adjustment, the Real Estate
Commissioner shall publish the current dollar amount of the minimum
purchase price on the Internet Web site of the Bureau of Real Estate.
(9) Prior to the execution of a contract for sale of a residential
condominium unit subject to this subdivision, the seller shall
provide to the buyer the following notice, in at least 12-point type:
"Important Notice Regarding Your Deposit: Under California law, in
a contract for the initial sale of a newly constructed attached
condominium unit in a building over eight stories tall, containing 20
or more residential units, and located in a high-density infill
development in a city, county, or city and county with 1,900
residents or more per square mile, where the price is more than one
million dollars ($1,000,000), as adjusted by the Bureau of Real
Estate, liquidated damages of 6 percent of the purchase price are
presumed valid if the buyer defaults, unless the buyer establishes
that the amount is unreasonable."
If the seller fails to provide this notice to the buyer prior to
the execution of the contract, the amount of any liquidated damages
shall be subject to subdivisions (c) and (d).
(h) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 55. SEC. 52. Section 1798.3 of
the Civil Code is amended to read:
1798.3. As used in this chapter:
(a) The term "personal information" means any information that is
maintained by an agency that identifies or describes an individual,
including, but not limited to, his or her name, social security
number, physical description, home address, home telephone number,
education, financial matters, and medical or employment history. It
includes statements made by, or attributed to, the individual.
(b) The term "agency" means every state office, officer,
department, division, bureau, board, commission, or other state
agency, except that the term agency shall not include:
(1) The California Legislature.
(2) Any agency established under Article VI of the California
Constitution.
(3) The State Compensation Insurance Fund, except as to any
records which contain personal information about the employees of the
State Compensation Insurance Fund.
(4) A local agency, as defined in subdivision (a) of Section 6252
of the Government Code.
(c) The term "disclose" means to disclose, release, transfer,
disseminate, or otherwise communicate all or any part of any record
orally, in writing, or by electronic or any other means to any person
or entity.
(d) The term "individual" means a natural person.
(e) The term "maintain" includes maintain, acquire, use, or
disclose.
(f) The term "person" means any natural person, corporation,
partnership, limited liability company, firm, or association.
(g) The term "record" means any file or grouping of information
about an individual that is maintained by an agency by reference to
an identifying particular such as the individual's name, photograph,
finger or voice print, or a number or symbol assigned to the
individual.
(h) The term "system of records" means one or more records, which
pertain to one or more individuals, which is maintained by any
agency, from which information is retrieved by the name of an
individual or by some identifying number, symbol or other identifying
particular assigned to the individual.
(i) The term "governmental entity," except as used in Section
1798.26, means any branch of the federal government or of the local
government.
(j) The term "commercial purpose" means any purpose which has
financial gain as a major objective. It does not include the
gathering or dissemination of newsworthy facts by a publisher or
broadcaster.
(k) The term "regulatory agency" means the Department of Business
Oversight, the Department of Insurance, the Bureau of Real Estate,
and agencies of the United States or of any other state responsible
for regulating financial institutions.
SEC. 56. SEC. 53. Section 2985 of
the Civil Code is amended to read:
2985. (a) A real property sales contract is an agreement in which
one party agrees to convey title to real property to another party
upon the satisfaction of specified conditions set forth in the
contract and that does not require conveyance of title within one
year from the date of formation of the contract.
(b) For purposes of this chapter only, a real property sales
contract does not include a contract for purchase of an attached
residential condominium unit entered into pursuant to a conditional
public report issued by the Bureau of Real Estate pursuant to Section
11018.12 of the Business and Professions Code.
SEC. 57. SEC. 54. Section 5240 of
the Civil Code, as added by Section 2 of Chapter 180 of the Statutes
of 2012, is amended to read:
5240. (a) As applied to an association and its members, the
provisions of this article are intended to supersede the provisions
of Sections 8330 and 8333 of the Corporations Code to the extent
those sections are inconsistent.
(b) Except as provided in subdivision (a), members of the
association shall have access to association records, including
accounting books and records and membership lists, in accordance with
Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of
Division 2 of Title 1 of the Corporations Code.
(c) This article applies to any community service organization or
similar entity that is related to the association, and to any
nonprofit entity that provides services to a common interest
development under a declaration of trust. This article shall operate
to give a member of the organization or entity a right to inspect and
copy the records of that organization or entity equivalent to that
granted to association members by this article.
(d) This article shall not apply to any common interest
development in which separate interests are being offered for sale by
a subdivider under the authority of a public report issued by the
Bureau of Real Estate so long as the subdivider or all subdividers
offering those separate interests for sale, or any employees of those
subdividers or any other person who receives direct or indirect
compensation from any of those subdividers, comprise a majority of
the directors. Notwithstanding the foregoing, this article shall
apply to that common interest development no later than 10 years
after the close of escrow for the first sale of a separate interest
to a member of the general public pursuant to the public report
issued for the first phase of the development.
SEC. 58. SEC. 55. Section 5400 of
the Civil Code, as added by Section 2 of Chapter 180 of the Statutes
of 2012, is amended to read:
5400. To the extent existing funds are available, the Department
of Consumer Affairs and the Bureau of Real Estate shall develop an
online education course for the board regarding the role, duties,
laws, and responsibilities of directors and prospective directors,
and the nonjudicial foreclosure process.
SEC. 59. SEC. 56. Section 1218 of
the Code of Civil Procedure is amended to read:
1218. (a) Upon the answer and evidence taken, the court or judge
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), payable to the court, or he or she may be
imprisoned not exceeding five days, or both. In addition, a person
who is subject to a court order as a party to the action, or any
agent of this person, who is adjudged guilty of contempt for
violating that court order may be ordered to pay to the party
initiating the contempt proceeding the reasonable attorney's fees and
costs incurred by this party in connection with the contempt
proceeding.
(b) Any party, who is in contempt of a court order or judgment in
a dissolution of marriage, dissolution of domestic partnership, or
legal separation action, shall not be permitted to enforce such an
order or judgment, by way of execution or otherwise, either in the
same action or by way of a separate action, against the other party.
This restriction shall not affect nor apply to the enforcement of
child or spousal support orders.
(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:
(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or to be
imprisoned up to 120 hours, for each count of contempt.
(2) Upon the second finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, in
addition to ordering imprisonment of the contemner up to 120 hours,
for each count of contempt.
(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:
(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community service of
up to 240 hours, for each count of contempt.
(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's administration
and supervision, while assigned to a community service program
pursuant to this paragraph.
(4) The court shall take parties' employment schedules into
consideration when ordering either community service or imprisonment,
or both.
(d) Pursuant to Section 1211 and this section, a district attorney
or city attorney may initiate and pursue a court action for contempt
against a party for failing to comply with a court order entered
pursuant to the Domestic Violence Protection Act (Division 10
(commencing with Section 6200) of the Family Code). Any attorney's
fees and costs ordered by the court pursuant to subdivision (a)
against a party who is adjudged guilty of contempt under this
subdivision shall be paid to the Office of Emergency Services'
account established for the purpose of funding domestic violence
shelter service providers pursuant to subdivision (f) of Section
13823.15 of the Penal Code.
SEC. 60. SEC. 57. Section 14010 of
the Corporations Code is amended to read:
14010. Unless the context otherwise requires, the definitions in
this section govern the construction of this part.
(a) "Corporation" or "the corporation" means any nonprofit
California small business financial development corporation created
pursuant to this part.
(b) "Director" means the Director of the Governor's Office of
Business and Economic Development.
(c) "Financial institution" means banking organizations including
national banks and trust companies authorized to conduct business in
California and state-chartered commercial banks, trust companies, and
savings and loan associations.
(d) "Financial company" means banking organizations including
national banks and trust companies, savings and loan associations,
state insurance companies, mutual insurance companies, and other
banking, lending, retirement, and insurance organizations.
(e) "Expansion Fund" means the California Small Business Expansion
Fund.
(f) Unless otherwise defined by the director by regulation, "small
business loan" means a loan to a business defined as an eligible
small business as set forth in Section 121.3-10 of Part 121 of
Chapter 1 of Title 13 of the Code of Federal Regulations, including
those businesses organized for agricultural purposes that create or
retain employment as a result of the loan. From time to time, the
director shall provide guidelines as to the preferred ratio of jobs
created or retained to total funds borrowed for guidance to the
corporations.
(g) "Employment incentive loan" means a loan to a qualified
business, as defined in subdivision (h) of Section 7082 of the
Government Code, or to a business located within an enterprise zone,
as defined in subdivision (b) of Section 7072 of the Government Code.
(h) "Loan committee" means a committee appointed by the board of
directors of a corporation to determine the course of action on a
loan application pursuant to Section 14060.
(i) "Board of directors" means the board of directors of the
corporation.
(j) "Board" means the California Small Business Board.
(k) "Manager" means the manager of the Small Business Loan
Guarantee Program as designated by the Director of the Governor's
Office of Business and Economic Development.
(l) "Office" means the Governor's Office of Business and Economic
Development.
(m) "Trust fund" means the money from the expansion fund that is
held in trust by a financial institution or a financial company. A
trust fund is not a deposit of state funds and is not subject to the
requirements of Section 16506 of the Government Code.
(n) "Trust fund account" means an account within the trust fund
that is allocated to a particular small business financial
development corporation for the purpose of paying loan defaults and
claims on bond guarantees for a specific small business financial
development corporation.
(o) "Trustee" is the lending institution or financial company
selected by the office to hold and invest the trust fund. The
agreement between the agency and the trustee shall not be construed
to be a deposit of state funds.
SEC. 61. SEC. 58. Section 14060.6 of
the Corporations Code is amended to read:
14060.6. (a) The Small Business Loan Guarantee Program exists in
the Governor's Office of Business and Economic Development.
(b) The Legislature finds and declares that the Small Business
Loan Guarantee Program has enabled participating small businesses
that do not qualify for conventional business loans or Small Business
Administration loans to secure funds to expand their businesses.
These small businesses would not have been able to expand their
businesses in the absence of the program. The program has also
provided valuable technical assistance to small businesses to ensure
growth and stability. The study commissioned by Section 14069.6, as
added by Chapter 919 of the Statutes of 1997, documented the return
on investment of the program and the need for its services. The value
of the program has also been recognized by the Governor through
proposals contained in the May Revision to the Budget Act of 2000 for
the 2000-01 fiscal year.
(c) Notwithstanding Section 14060.5, the Governor's Office of
Business and Economic Development shall establish new small business
financial development corporations pursuant to the procedures
otherwise established by this chapter in the following areas:
(1) San Jose.
(2) Santa Ana.
(3) San Fernando Valley.
(4) Ontario.
(d) Upon an appropriation in the annual Budget Act for this
purpose, the Governor's Office of Business and Economic Development
shall establish a small business financial development corporation in
southeast Los Angeles.
(e) Each of the small business financial development corporations,
upon the recommendation of the board and at least once each year,
shall make a presentation and overview of the corporation's business
operations to the board.
SEC. 62. SEC. 59. Section 25005 of
the Corporations Code is amended to read:
25005. "Commissioner" means the Commissioner of Business
Oversight.
SEC. 63. SEC. 60. Section 25600 of
the Corporations Code is repealed.
SEC. 64. SEC. 61. Section 25601 of
the Corporations Code is repealed.
SEC. 65. SEC. 62. Section 25602 of
the Corporations Code is repealed.
SEC. 66. SEC. 63. Section 25603 of
the Corporations Code is repealed.
SEC. 67. SEC. 64. Section 28033 of
the Corporations Code is amended to read:
28033. "Commissioner" means the Commissioner of Business
Oversight or his or her designee with respect to a particular matter.
SEC. 68. SEC. 65. Section 29200 of
the Corporations Code is amended to read:
29200. Every person doing business as a broker or making
contracts as a broker or agent for the purchase or sale of any
securities or commodities on any board of trade or exchange shall
keep or cause to be kept at his or her office or place of
business correct and permanent records or books of account showing
each of such transactions as a separate item. The failure so to keep
or cause to be kept such records or books of account is prima facie
evidence that any such contract was bucketing or bucketshopping.
Such records or books of account shall at all times be open to
inspection by the Commissioner of Business Oversight or by any
deputy, investigator, or auditor of the Department of Business
Oversight to whom he may delegate such authority in writing.
SEC. 69. Section 29503 of the Corporations Code
is amended to read:
29503. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
SEC. 70. Section 31004 of the Corporations Code
is amended to read:
31004. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
SEC. 71. SEC. 66. Section 31210 of
the Corporations Code is amended to read:
31210. It is unlawful for any person to effect or attempt to
effect a sale of a franchise in this state, except in transactions
exempted under Chapter 1 (commencing with Section 31100) of Part 2 of
this division, unless such person is: (1) identified in an
application or amended application filed with the commissioner
pursuant to Part 2 (commencing with Section 31100) of this division,
(2) licensed by the Bureau of Real Estate as a real estate broker or
real estate salesman, or (3) licensed by the commissioner as a
broker-dealer or agent pursuant to the Corporate Securities Law of
1968.
SEC. 72. SEC. 67. Section 17444 of
the Education Code is amended to read:
17444. (a) Any installment of an owner's development lien created
pursuant to this article shall become delinquent 30 days following
billing thereof if unpaid, or if the installment is being collected
by the county tax collector, at the time general taxes become
delinquent. An installment shall be in default 30 days after written
notice of the delinquency has been given by certified or registered
mail to the record owner of the property subject to the lien and all
lenders of record.
(b) The governing board, not later than four years after the date
of default of any payment, may order that the amount be collected by
an action brought in superior court to foreclose against the real
property subject to the owner's development lien for the then
delinquent installment of the owner's development lien. The action
shall affect only the delinquent amounts and shall not accelerate or
require payment of any remaining amount of the owner's development
lien.
(c) The lease agreement between the governing board and the
nonprofit corporation may contain covenants for the benefit of
bondholders providing that the governing board shall commence and
diligently prosecute to completion any foreclosure action regarding
delinquent installments of an owner's development lien. The lease
agreement may specify a deadline for commencement of the foreclosure
action and any other terms and conditions that the governing board
may determine to be reasonable.
(d) The governing board may assign its rights under this section
to the nonprofit corporation or to any trustee under the resolution
adopted pursuant to Section 17437.
(e) Costs in the action shall be fixed and allowed by the court
and shall include, but are not limited to, reasonable attorneys'
fees, interest, penalties and other charges or advances authorized by
this article, and when so fixed and allowed by the court, the costs
shall be included in the judgment. The amount of penalties, costs,
and interest due shall be calculated up to the date of judgment.
(f) All matters pertaining to foreclosure, execution and sale
shall be governed by the then existing law of California. However,
notwithstanding any other law, the owner's right of redemption shall
be limited to 60 days following the date of sale of the owner's
interest. The owner's development lien shall continue as security for
all future required installment payments. Any remaining funds after
foreclosure and payment of all obligations and costs of foreclosure
of the delinquent installment of the owner's development lien shall
be paid pursuant to the priority of encumbrances of record and to the
owner or owner's successor as of the date of initiation of the
foreclosure proceeding.
(g) Foreclosures of installments of the owner's development lien
pursuant to this article shall not affect the priority of any scheme
of community development approved by the Bureau of Real Estate,
including, but not limited to, subdivision maps, condominium plans,
covenants, conditions, restrictions, and easements whether recorded
prior to or subsequent to the owner's development lien.
SEC. 73. SEC. 68. Section 22001 of
the Education Code is amended to read:
22001. In order to provide a financially sound plan for the
retirement, with adequate retirement allowances, of teachers in the
public schools of this state, teachers in schools supported by this
state, and other persons employed in connection with the schools, the
State Teachers' Retirement System is established. The system is a
unit of the Government Operations Agency.
SEC. 74. SEC. 69. Section 32282 of
the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the Office of Emergency Services and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of
dangerous pupils pursuant to Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(f) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying.
(g) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 75. SEC. 70. Section 32282.5 of
the Education Code is amended to read:
32282.5. (a) The department shall electronically distribute
disaster preparedness educational materials and lesson plans that are
currently available to school districts and county offices of
education.
(b) The department shall ensure that the disaster preparedness
materials are available in at least the three most dominant primary
languages spoken by English learners in California, according to the
language census.
(c) The department shall coordinate with the Office of Emergency
Services to make sure that all materials are reviewed and updated
annually.
SEC. 76. SEC. 71. Section 35296 of
the Education Code is amended to read:
35296. The governing board of each private school shall establish
an earthquake emergency procedure system in every private school
building under its jurisdiction having an occupant capacity of 50 or
more pupils or more than one classroom. A governing board may work
with the Office of Emergency Services and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure systems.
SEC. 77. SEC. 72. Section 51264 of
the Education Code is amended to read:
51264. (a) The State Department of Education shall prepare and
distribute to school districts and county offices of education
guidelines for incorporating in-service training in gang violence and
drug and alcohol abuse prevention for teachers, counselors, athletic
directors, school board members, and other educational personnel
into the staff development plans of all school districts and county
offices of education.
(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive gang
violence and drug and alcohol abuse prevention in-service training
programs. The department's information and guidelines, to the maximum
extent possible, shall encourage school districts and county offices
of education to avoid duplication of effort by sharing resources,
adapting or adopting model in-service training programs, developing
joint and collaborative programs, and coordinating efforts with
existing state staff development programs, county gang violence and
drug and alcohol staff development programs, county health
departments, county and city law enforcement agencies, and other
public and private agencies providing health, drug, alcohol, gang
violence prevention, or other related services at the local level.
(c) The department shall assist school districts and county
offices of education in qualifying for the receipt of federal and
state funds to support their gang violence and drug and alcohol abuse
prevention in-service training programs.
(d) Each school that chooses to utilize the provisions of this
article related to in-service training in gang violence and drug and
alcohol abuse prevention, is encouraged to develop a single plan to
strengthen its gang violence and drug and alcohol abuse prevention
efforts. If a school develops or has developed a school improvement
plan pursuant to Article 2 (commencing with Section 52010) of Chapter
6 of Part 28, or a school safety plan pursuant to Article 5
(commencing with Section 32280) of Chapter 2.5 of Part 19, it is
encouraged to incorporate into that plan, where appropriate, the gang
violence and drug and alcohol prevention plan that it has developed.
(e) The department shall consult with the Office of Emergency
Services regarding gang violence.
SEC. 78. SEC. 73. Section 51266 of
the Education Code is amended to read:
51266. (a) The Office of Emergency Services, in collaboration
with the State Department of Education, shall develop a model gang
violence suppression and substance abuse prevention curriculum for
grades 2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be
modeled after a similar curriculum that has been developed by the
Orange County Office of Education for grades 3, 5, and 7. The Office
of Emergency Services, in collaboration with the State Department of
Education, may contract with a county office of education for the
development of the model curriculum. The model curriculum shall be
made available to school districts and county offices of education
and shall, at a minimum, provide for each of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state
curriculum frameworks for history, social science, and English and
language arts.
(2) Instructional resources that address issues of ethnic
diversity and at-risk pupils.
(3) The integration of the instructional resources of the Office
of Emergency Services and the School/Law Enforcement Partnership in
order to support the school curriculum and assist in the alignment of
the state curriculum framework.
(b) The Office of Emergency Services shall develop an independent
evaluation of the pupil outcomes of the model gang violence
suppression and substance abuse prevention curriculum program.
SEC. 79. SEC. 74. Section 51266.5 of
the Education Code is amended to read:
51266.5. The Rural Gang Task Force Subcommittee provided for by
subdivision (g) of Section 13826.1 of the Penal Code, in
collaboration with the Gang Violence Suppression Advisory Committee
provided for by subdivision (g) of Section 13826.1 of the Penal Code
and the Office of Emergency Services, shall review the model gang
violence suppression and substance abuse prevention curriculum for
grades 2, 4, and 6, developed pursuant to Section 51266, and identify
methods by which the curriculum can best be utilized in rural school
settings.
SEC. 80. Section 51269 of the Education Code is
amended to read:
51269. (a) The State Department of Education shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for state and federal drug, alcohol, and tobacco
education funds.
(b) The State Department of Education, in consultation with the
Department of Justice, the Office of Emergency Services, and the
State Department of Alcohol and Drug Programs, shall develop, to the
extent possible, an ongoing statewide monitoring and assessment
system to provide current and reliable data on the utilization of
resources for programs for prevention of and early intervention for
drug, alcohol, and tobacco abuse. The purpose of the system shall be
to facilitate improved planning and program delivery among state and
local agencies, including law enforcement, juvenile justice, county
health, and county drug and alcohol agencies and programs, and
communities.
SEC. 81. SEC. 75. Section 66210 of
the Education Code is amended to read:
66210. (a) The Office of Emergency Services shall develop
guidelines for campuses of the University of California and the
California State University to use in developing emergency evacuation
plans for all forms of student housing owned, operated, and offered
by the university, both on campus and off campus. In developing the
guidelines, the Office of Emergency Services shall consider Sections
3.09 and 3.13 of Title 19 of the California Code of Regulations. The
guidelines shall address all of the following issues:
(1) Plan content. The plans should include, but need not be
limited to, the following:
(A) Specific evacuation routes that recognize the needs of persons
with special needs, such as persons with disabilities.
(B) The designation of a meeting place or places upon evacuation.
(C) The education of students and staff in emergency procedures.
(2) The implementation and maintenance of the evacuation plan by
the director of student housing, or other appropriate officer, at the
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
(b) Each campus of the University of California and the California
State University shall establish an emergency evacuation plan for
its postsecondary student housing and may consult with the Office of
Emergency Services for guidance in developing and establishing the
plan.
SEC. 82. SEC. 76. Section 71095 of
the Education Code is amended to read:
71095. (a) The chancellor's office, in consultation with the
Office of Emergency Services and the Office of Homeland Security,
shall, by January 1, 2009, develop emergency preparedness standards
and guidelines to assist community college districts and campuses in
the event of a natural disaster, hazardous condition, or terrorist
activity on or around a community college campus.
(b) The standards and guidelines shall be developed in accordance
with the Standardized Emergency Management System and the National
Incident Management System, and shall be reviewed by the Office of
Emergency Services in a manner that is consistent with existing
policy. In developing the standards and guidelines, the chancellor's
office shall consider, but is not limited to, all of the following
components:
(1) Information on establishing a campus emergency management
team.
(2) Provisions regarding overview training for every employee
within one year of commencement of employment.
(3) Information on specialized training for employees who may be
designated as part of an emergency management team.
(4) Information on preparedness, prevention, response, recovery,
and mitigation policies and procedures.
(5) Information on coordinating with the appropriate local, state,
and federal government authorities, and nongovernmental entities on
comprehensive emergency management and preparedness activities.
SEC. 83. SEC. 77. Section 94600 of
the Education Code is amended to read:
94600. (a) The Office of Emergency Services shall develop
guidelines for private colleges and universities to use in developing
emergency evacuation plans for all forms of student housing owned,
operated, and offered by private colleges and universities, both on
campus and off campus. In developing the guidelines, the Office of
Emergency Services shall consider Sections 3.09 and 3.13 of Title 19
of the California Code of Regulations. The guidelines shall address
all of the following issues:
(1) Plan content. The plans should include, but need not be
limited to, the following:
(A) Specific evacuation routes that recognize the needs of persons
with special needs, such as persons with disabilities.
(B) The designation of a meeting place or places upon evacuation.
(C) The education of students and staff in emergency procedures.
(2) The implementation and maintenance of the evacuation plan by
the director of student housing, or other appropriate officer, at
individual campuses. The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
(b) Each private college or university shall establish an
emergency evacuation plan for its postsecondary student housing and
may consult with the Office of Emergency Services for guidance in
developing and establishing the plan.
SEC. 84. SEC. 78. Section 298 of the
Family Code is amended to read:
298. (a) (1) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
(2) When funding allows, the Secretary of State shall include on
the form notice that a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure is available upon request.
(b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
(2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
(3) There is hereby established a fee of twenty-three dollars
($23) to be charged in addition to the existing fees established by
regulation to persons filing domestic partner registrations pursuant
to Section 297 for development and support of a lesbian, gay,
bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a grant program to promote healthy
nonviolent relationships in the lesbian, gay, bisexual, and
transgender community. This paragraph shall not apply to persons of
opposite sexes filing a domestic partnership registration and who
meet the qualifications described in subparagraph (B) of paragraph
(5) of subdivision (b) of Section 297.
(4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. The fund shall be administered by the Office
of Emergency Services, and expenditures from the fund shall be used
to support the purposes of paragraph (3).
(c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) state that he or she
consents to the jurisdiction of the Superior Courts of California for
the purpose of a proceeding to obtain a judgment of dissolution or
nullity of the domestic partnership or for legal separation of
partners in the domestic partnership, or for any other proceeding
related to the partners' rights and obligations, even if one or both
partners ceases to be a resident of, or to maintain a domicile in,
this state, (4) sign the form with a declaration that representations
made therein are true, correct, and contain no material omissions of
fact to the best knowledge and belief of the applicant, and (5) have
a notary public acknowledge his or her signature. Both partners'
signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.
(d) The Declaration of Domestic Partnership form shall contain an
optional section for either party or both parties to indicate a
change in name pursuant to Section 298.6. The optional section shall
require a party indicating a change in name to provide his or her
date of birth.
SEC. 85. SEC. 79. Section 17520 of
the Family Code is amended to read:
17520. (a) As used in this section:
(1) "Applicant" means any person applying for issuance or renewal
of a license.
(2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Bureau of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes. This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
(3) "Certified list" means a list provided by the local child
support agency to the Department of Child Support Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the Social Security Act.
(4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order. The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.
(5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public. "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes. This term includes all licenses, certificates,
credentials, permits, registrations, or any other authorization
issued by a board that allows a person to engage in a business,
occupation, or profession. The failure to specifically name a
particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
(6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes. This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term. For
licenses issued to an entity that is not an individual person,
"licensee" includes any individual who is either listed on the
license or who qualifies for the license.
(b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are
not in compliance with that order or judgment. The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and the
name, address, and telephone number of the local child support agency
who certified the list to the department. The local child support
agency shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment. The local child support agency shall submit to the
department an updated certified list on a monthly basis.
(c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days of
receipt, shall provide a copy of the consolidated list to each board
that is responsible for the regulation of licenses, as specified in
this section.
(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with this
section. Notwithstanding any other law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the department
to applicants and licensees and of responding to requests for this
information made by child support agencies.
(e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal of
the license of any applicant on the list.
(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board. Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term. As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles. A license for the full or remainder of
the license term shall be issued or renewed only upon compliance with
this section.
(C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
(D) This paragraph shall apply only in the case of
a driver's license, other than a commercial driver's license. Upon
the request of the local child support agency or by order of the
court upon a showing of good cause, the board shall extend a 150-day
temporary license for a period not to exceed 150 extra days.
(3) (A) The department may, when it is economically feasible for
the department and the boards to do so as determined by the
department, in cases where the department is aware that certain child
support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than four
months, provide a supplemental list of these obligors to each board
with which the department has an interagency agreement to implement
this paragraph. Upon request by the department, the licenses of these
obligors shall be subject to suspension, provided that the licenses
would not otherwise be eligible for renewal within six months from
the date of the request by the department. The board shall have the
authority to suspend the license of any licensee on this supplemental
list.
(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved. The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board. Service
by mail shall be complete in accordance with Section 1013 of the
Code of Civil Procedure.
(C) The 150-day notice period shall not be extended.
(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
(f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by the
department. The notice shall include the address and telephone number
of the local child support agency that submitted the name on the
certified list, and shall emphasize the necessity of obtaining a
release from that local child support agency as a condition for the
issuance, renewal, or continued valid status of a license or
licenses.
(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services shall
also develop a form that the applicant shall use to request a review
by the local child support agency. A copy of this form shall be
included with every notice sent pursuant to this subdivision.
(g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
(2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts. The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
(h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review to the local child support agency who
certified the applicant's name. A request for review pursuant to this
section shall be resolved in the same manner and timeframe provided
for resolution of a complaint pursuant to Section 17800. The local
child support agency shall immediately send a release to the
appropriate board and the applicant, if any of the following
conditions are met:
(1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
(2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within the time
specified in Section 17800.
(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the delay
in completing the judicial review process is not the result of the
applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of
findings.
(4) The applicant has obtained a judicial finding of compliance as
defined in this section.
(i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period. An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
(j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
(1) Judicial review of the local child support agency's decision
not to issue a release.
(2) A judicial determination of compliance.
(3) A modification of the support judgment or order.
The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review. The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
This section shall not be deemed to limit an applicant from filing
an order to show cause or notice of motion to modify a support
judgment or order or to fix a payment schedule on arrearages accruing
under a support judgment or order or to obtain a court finding of
compliance with a judgment or order for support.
(k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds. The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review. Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
(2) Whether the petitioner is the obligor covered by the support
judgment or order.
(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
(4) (A) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
(B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant's name on the certified list within seven calendar days of
the filing of the petition. The court has the authority to uphold the
action, unconditionally release the license, or conditionally
release the license.
(C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision ( l ) to the appropriate board
and the applicant. If the judicial review results in a finding by
the court that the needs of the obligor warrant a conditional
release, the court shall make findings of fact stating the basis for
the release and the payment necessary to satisfy the unrestricted
issuance or renewal of the license without prejudice to a later
judicial determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
( l ) The department shall prescribe release forms for
use by local child support agencies. When the obligor is in
compliance, the local child support agency shall mail to the
applicant and the appropriate board a release stating that the
applicant is in compliance. The receipt of a release shall serve to
notify the applicant and the board that, for the purposes of this
section, the applicant is in compliance with the judgment or order
for support. Any board that has received a release from the local
child support agency pursuant to this subdivision shall process the
release within five business days of its receipt.
If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the department in a
format prescribed by the department that the obligor is not in
compliance.
The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance. Upon receipt of this notice, the board shall immediately
notify the obligor on a form prescribed by the department that the
obligor's license will be suspended on a specific date, and this date
shall be no longer than 30 days from the date the form is mailed.
The obligor shall be further notified that the license will remain
suspended until a new release is issued in accordance with
subdivision (h). Nothing in this section shall be deemed to limit the
obligor from seeking judicial review of suspension pursuant to the
procedures described in subdivision (k).
(m) The department may enter into interagency agreements with the
state agencies that have responsibility for the administration of
boards necessary to implement this section, to the extent that it is
cost-effective to implement this section. These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal law
and regulation and incurred by the state agencies and boards in
implementing this section. Notwithstanding any other provision of
law, revenue generated by a board or state agency shall be used to
fund the nonfederal share of costs incurred pursuant to this section.
These agreements shall provide that boards shall reimburse the
department for the nonfederal share of costs incurred by the
department in implementing this section. The boards shall reimburse
the department for the nonfederal share of costs incurred pursuant to
this section from moneys collected from applicants and licensees.
(n) Notwithstanding any other law, in order for the boards subject
to this section to be reimbursed for the costs incurred in
administering its provisions, the boards may, with the approval of
the appropriate department director, levy on all licensees and
applicants a surcharge on any fee or fees collected pursuant to law,
or, alternatively, with the approval of the appropriate department
director, levy on the applicants or licensees named on a certified
list or supplemental list, a special fee.
(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
(p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:
(1) The number of delinquent obligors certified by district
attorneys under this section.
(2) The number of support obligors who also were applicants or
licensees subject to this section.
(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
(4) The costs incurred in the implementation and enforcement of
this section.
(q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.
(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and (
l ).
(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
(v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that will
require the department and the Franchise Tax Board to maximize the
use of information collected by the State Board of Equalization, for
child support enforcement purposes, to the extent it is
cost-effective and permitted by the Revenue and Taxation Code.
(w) (1) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
(2) Notwithstanding any other law, the suspension or revocation of
any driver's license, including a commercial driver's license, under
this section shall not subject the licensee to increased costs for
vehicle liability insurance.
(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
SEC. 86. SEC. 80. Section 125 of the
Financial Code is amended to read:
125. "Commissioner" means the Commissioner of Business Oversight
and "department" means the Department of Business Oversight.
SEC. 87. SEC. 81. The heading of
Chapter 3 (commencing with Section 300) of Division 1 of the
Financial Code is amended to read:
CHAPTER 3. DEPARTMENT OF BUSINESS OVERSIGHT
SEC. 88. SEC. 82. The heading of
Article 2 (commencing with Section 320) of Chapter 3 of Division 1 of
the Financial Code is amended to read:
Article 2. Commissioner of Business Oversight
SEC. 89. Section 320 of the Financial Code is
amended to read:
320. The chief officer of the Department of Business Oversight is
the Commissioner of Business Oversight. The Commissioner of Business
Oversight is the head of the department with the authority and
responsibility over all officers, employees, and activities in the
department and, except as otherwise provided in this code, is subject
to the provisions of the Government Code relating to department
heads, but need not reside in Sacramento.
SEC. 90. SEC. 83. Section 321 of the
Financial Code is repealed.
SEC. 91. SEC. 84. Section 321 is
added to the Financial Code, to read:
321. (a) In this section, "order" means any approval, consent,
authorization, exemption, denial, prohibition, requirement, or other
administrative action, applicable to a specific case.
(b) The office of the Commissioner of Financial Institutions and
the Department of Financial Institutions are abolished. All powers,
duties, responsibilities, and functions of the Commissioner of
Financial Institutions and the Department of Financial Institutions
are transferred to the Commissioner of Business Oversight and the
Department of Business Oversight, respectively. The Commissioner of
Business Oversight and the Department of Business Oversight succeed
to all of the rights and property of the Commissioner of Financial
Institutions and Department of Financial Institutions, respectively;
the Commissioner of Business Oversight and the Department of Business
Oversight are subject to all the debts and liabilities of the
Commissioner of Financial Institutions and the Department of
Financial Institutions, respectively, as if the Commissioner of
Business Oversight and the Department of Business Oversight had
incurred them. Any action or proceeding by or against the
Commissioner of Financial Institutions or the Department of Financial
Institutions may be prosecuted to judgment, which shall bind the
Commissioner of Business Oversight or the Department of Business
Oversight, respectively, or the Commissioner of Business Oversight or
the Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Financial Institutions or
the Department of Financial Institutions, respectively. References
in the California Constitution or in any statute or regulation to the
Superintendent of Banks or the Commissioner of Financial
Institutions or to the State Banking Department or the Department of
Financial Institutions mean the Commissioner of Business Oversight or
the Department of Business Oversight, respectively. All agreements
entered into with, and orders and regulations issued by, the
Commissioner of Financial Institutions or the Department of Financial
Institutions shall continue in effect as if the agreements were
entered into with, and the orders and regulations were issued by, the
Commissioner of Business Oversight or the Department of Business
Oversight, respectively.
(c) The office of the Commissioner of Corporations and the
Department of Corporations are abolished. All powers, duties,
responsibilities, and functions of the Commissioner of Corporations
and the Department of Corporations are transferred to the
Commissioner of Business Oversight and the Department of Business
Oversight, respectively. The Commissioner of Business Oversight and
the Department of Business Oversight succeed to all of the rights and
property of the Commissioner of Corporations and the
Department of Corporations, respectively; the Commissioner of
Business Oversight and the Department of Business Oversight are
subject to all the debts and liabilities of the Commissioner of
Corporations and the Department of Corporations, respectively, as if
the Commissioner of Business Oversight and the Department of Business
Oversight had incurred them. Any action or proceeding by or against
the Commissioner of Corporations or the Department of Corporations
may be prosecuted to judgment, which shall bind the Commissioner of
Business Oversight or the Department of Business Oversight,
respectively, or the Commissioner of Business Oversight or the
Department of Business Oversight may be proceeded against or
substituted in place of the Commissioner of Corporations or the
Department of Corporations, respectively. References in the
California Constitution or in any statute or regulation to the
Commissioner of Corporations or the Department of Corporations mean
the Commissioner of Business Oversight or the Department of Business
Oversight, respectively. All agreements entered into with, and orders
and regulations issued by, the Commissioner of Corporations or the
Department of Corporations shall continue in effect as if the
agreements were entered into with, and the orders and regulations
were issued by, the Commissioner of Business Oversight or the
Department of Business Oversight, respectively.
SEC. 92. Section 351 of the Financial Code is
repealed.
SEC. 93. Section 351 is added to the Financial
Code, to read:
351. (a) The chief officer of the Division of Corporations is the
Deputy Commissioner of Business Oversight for the Division of
Corporations. The Deputy Commissioner of Business Oversight for the
Division of Corporations shall, under the direction of the
commissioner, administer the laws of this state that were, prior to
July 1, 2013, under the charge of the Department of Corporations. The
Deputy Commissioner of Business Oversight for the Division of
Corporations shall be appointed by the Governor and shall hold office
at the pleasure of the Governor. The Deputy Commissioner of Business
Oversight for the Division of Corporations shall receive an annual
salary as fixed by the Governor.
(b) The chief officer of the Division of Financial Institutions is
the Deputy Commissioner of Business Oversight for the Division of
Financial Institutions. The Deputy Commissioner of Business Oversight
for the Division of Financial Institutions shall, under the
direction of the commissioner, administer the laws of this state that
were, prior to July 1, 2013, under the charge of the Department of
Financial Institutions. The Deputy Commissioner of Business Oversight
for the Division of Financial Institutions shall be appointed by the
Governor and shall hold office at the pleasure of the Governor. The
Deputy Commissioner of Business Oversight for the Division of
Financial Institutions shall receive an annual salary as fixed by the
Governor.
SEC. 94. Section 371 of the Financial Code is
repealed.
SEC. 95. Section 371 is added to the Financial
Code, to read:
371. (a) There is in the Department of Business Oversight, the
Division of Corporations. The Division of Corporations has charge of
the execution of the laws of the state that were, prior to July 1,
2013, under the charge of the Department of Corporations.
(b) There is in the Department of Business Oversight, the Division
of Financial Institutions. The Division of Financial Institutions
has charge of the execution of the laws of the state that were, prior
to July 1, 2013, under the charge of the Department of Financial
Institutions.
SEC. 96. SEC. 85. Section 2003 of
the Financial Code is amended to read:
2003. For purposes of this division, the
following definitions shall apply:
(a) "Affiliate," when used with respect to a specified person,
means any person controlling, controlled by, or under common control
with, that specified person, directly or indirectly through one or
more intermediaries. For purposes of subdivisions (q) and (v), a
specified person is affiliated with another person if that person
controls, is controlled by, or under common control through the
ownership directly or indirectly of shares or equity securities
possessing more than 50 percent of the voting power of that specified
person.
(b) "Agent" means a person that provides money transmission in
California on behalf of the licensee, provided that the licensee
becomes liable for the money transmission from the time money or
monetary value is received by that person. However, "agent" does not
include any officer or employee of the licensee when acting as such
at an office of a licensee.
(c) "Applicant" means a person that files an application for a
license or for acquisition of control of a licensee under this
division.
(d) "Average daily outstanding" means the amount of outstanding
money transmission obligations in California at the end of each day
in a given period of time, added together, and divided by the total
number of days in that period of time.
(e) "Branch office" means any office in this state of a licensee
or agent at which the licensee receives money or monetary value to
provide money transmission, either directly or through an agent.
(f) "Business day" means one of the following:
(1) When used with respect to any act to be performed in this
state, any day other than Saturday, Sunday, or any other day that is
provided for as a holiday in the Government Code.
(2) When used with respect to any act to be performed in any
jurisdiction other than this state, any day other than a day that is
a legal holiday under the laws of that jurisdiction.
(g) "Commissioner" means the Commissioner of Business Oversight.
(h) "Control" has the meaning set forth in Section 1250.
(i) "Day" means calendar day.
(j) "In California" or "in this state" means physically located in
California, or with, to, or from persons located in California.
(k) "Issue" and "issuer" mean, with regard to a payment
instrument, the entity that is the maker or drawer of the instrument
in accordance with the California Commercial Code and is liable for
payment. With regard to stored value, "issue" and "issuer" mean the
entity that is liable to the holder of stored value and has
undertaken or is obligated to pay the stored value. Only a licensee
may issue stored value or payment instruments.
(l) "Licensee" means a corporation or limited liability company
licensed under this division.
(m) "Monetary value" means a medium of exchange, whether or not
redeemable in money.
(n) "Money" means a medium of exchange that is authorized or
adopted by the United States or a foreign government. The term
includes a monetary unit of account established by an
intergovernmental organization or by agreement between two or more
governments.
(o) "Money transmission" means any of the following:
(1) Selling or issuing payment instruments.
(2) Selling or issuing stored value.
(3) Receiving money for transmission.
(p) "Outstanding," with respect to payment instruments and stored
value, means issued or sold by the licensee in the United States and
not yet paid or refunded by the licensee, or issued or sold on behalf
of the licensee in the United States by its agent and reported as
sold, but not yet paid or refunded by the licensee. "Outstanding,"
with respect to receiving money for transmission means all money or
monetary value received in the United States for transmission by the
licensee or its agents but not yet paid to the beneficiaries or
refunded to the person from whom the money or monetary value was
received. All outstanding money transmission of a licensee is and
shall remain a liability of the licensee until it is no longer
outstanding.
(q) "Payment instrument" means a check, draft, money order,
traveler's check, or other instrument for the transmission or payment
of money or monetary value, whether or not negotiable. The term does
not include a credit card voucher, letter of credit, or any
instrument that is redeemable by the issuer for goods or services
provided by the issuer or its affiliate.
(r) "Person" means an individual, corporation, business trust,
estate, trust, partnership, proprietorship, syndicate, limited
liability company, association, joint venture, government,
governmental subdivision, agency or instrumentality, public
corporation or joint stock company, or any other organization or
legal or commercial entity, provided, however, that "person," when
used with respect to acquiring control of or controlling a specified
person, includes any combination of two or more persons acting in
concert.
(s) "Receiving money for transmission" or "money received for
transmission" means receiving money or monetary value in the United
States for transmission within or outside the United States by
electronic or other means. The term does not include sale or issuance
of payment instruments and stored value.
(t) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(u) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(v) "Stored value" means monetary value representing a claim
against the issuer that is stored on an electronic or digital medium
and evidenced by an electronic or digital record, and that is
intended and accepted for use as a means of redemption for money or
monetary value or payment for goods or services. The term does not
include a credit card voucher, letter of credit, or any stored value
that is only redeemable by the issuer for goods or services provided
by the issuer or its affiliate, except to the extent required by
applicable law to be redeemable in cash for its cash value.
(w) "Traveler's check" means an instrument that meets all of the
following:
(1) Is designated on its face by the term "traveler's check" or by
any substantially similar term or is commonly known and marketed as
a traveler's check.
(2) Contains a provision for a specimen signature of the purchaser
to be completed at the time of purchase.
(3) Contains a provision for a countersignature of the purchaser
to be completed at the time of negotiation.
SEC. 97. Section 4805.055 of the Financial Code
is amended to read:
4805.055. "Commissioner" means the Deputy Commissioner of
Business Oversight for the Division of Financial Institutions.
SEC. 98. SEC. 86. Section 4970 of
the Financial Code is amended to read:
4970. For purposes of this division:
(a) "Annual percentage rate" means the annual percentage rate for
the loan calculated according to the provisions of the federal Truth
in Lending Act and the regulations adopted thereunder by the Federal
Reserve Board.
(b) "Covered loan" means a consumer loan in which the original
principal balance of the loan does not exceed the most current
conforming loan limit for a single-family first mortgage loan
established by the Federal National Mortgage Association in the case
of a mortgage or deed of trust, and where one of the following
conditions are met:
(1) For a mortgage or deed of trust, the annual percentage rate at
consummation of the transaction will exceed by more than eight
percentage points the yield on Treasury securities having comparable
periods of maturity on the 15th day of the month immediately
preceding the month in which the application for the extension of
credit is received by the creditor.
(2) The total points and fees payable by the consumer at or before
closing for a mortgage or deed of trust will exceed 6 percent of the
total loan amount.
(c) "Points and fees" shall include the following:
(1) All items required to be disclosed as finance charges under
Sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal
Regulations, including the Official Staff Commentary, as amended from
time to time, except interest.
(2) All compensation and fees paid to mortgage brokers in
connection with the loan transaction.
(3) All items listed in Section 226.4(c)(7) of Title 12 of the
Code of Federal Regulations, only if the person originating the
covered loan receives direct compensation in connection with the
charge.
(d) "Consumer loan" means a consumer credit transaction that is
secured by real property located in this state used, or intended to
be used or occupied, as the principal dwelling of the consumer that
is improved by a one-to-four residential unit. "Consumer loan" does
not include a reverse mortgage, an open line of credit as defined in
Part 226 of Title 12 of the Code of Federal Regulations (Regulation
Z), or a consumer credit transaction that is secured by rental
property or second homes. "Consumer loan" does not include a bridge
loan. For purposes of this division, a bridge loan is any temporary
loan, having a maturity of one year or less, for the purpose of
acquisition or construction of a dwelling intended to become the
consumer's principal dwelling.
(e) "Original principal balance" means the total initial amount
the consumer is obligated to repay on the loan.
(f) "Licensing agency" shall mean the Bureau of Real Estate for
licensed real estate brokers, the Department of Business Oversight
for licensed residential mortgage lenders, licensed finance lenders
and brokers, and the commercial and industrial banks and savings
associations and credit unions organized in this state.
(g) "Licensed person" means a real estate broker licensed under
the Real Estate Law (Part 1 (commencing with Section 10000) of
Division 4 of the Business and Professions Code), a finance lender or
broker licensed under the California Finance Lenders Law (Division 9
(commencing with Section 22000)), a residential mortgage lender
licensed under the California Residential Mortgage Lending Act
(Division 20 (commencing with Section 50000)), a commercial or
industrial bank organized under the Banking Law (Division 1
(commencing with Section 99)), a savings association organized under
the Savings Association Law (Division 2 (commencing with Section
5000)), and a credit union organized under the California Credit
Union Law (Division 5 (commencing with Section 14000)). This division
shall not be construed to prevent any enforcement by a governmental
entity against any person who originates a loan and who is exempt or
excluded from licensure by all of the licensing agencies, based on a
violation of any provision of this division. This division shall not
be construed to prevent the Bureau of Real Estate from enforcing this
division against a licensed salesperson employed by a licensed real
estate broker as if that salesperson were a licensed person under
this division. A licensed person includes any person engaged in the
practice of consumer lending, as defined in this division, for which
a license is required under any other provision of law, but whose
license is invalid, suspended or revoked, or where no license has
been obtained.
(h) "Originate" means to arrange, negotiate, or make a consumer
loan.
(i) "Servicer" has the same meaning provided in Section 6 (i)(2)
of the Real Estate Settlement Procedures Act of 1974.
SEC. 99. Section 5104 of the Financial Code is
amended to read:
5104. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Financial Institutions.
SEC. 100. SEC. 87. Section 5106 of
the Financial Code is amended to read:
5106. "Department" means the Division of Financial Institutions
in the Department of Business Oversight.
SEC. 101. Section 12003 of the Financial Code
is amended to read:
12003. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations, or any deputy,
investigator, auditor, or any other person employed by him or her.
SEC. 102. Section 14003 of the Financial Code
is amended to read:
14003. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Financial Institutions.
SEC. 103. Section 14200.1 of the Financial Code
is amended to read:
14200.1. There is in the Division of Financial Institutions, the
Office of Credit Unions. The Office of Credit Unions has charge of
the execution of the laws of this state relating to credit unions or
to the credit union business.
SEC. 104. Section 14200.2 of the Financial Code
is amended to read:
14200.2. The chief officer of the Office of Credit Unions is the
Chief of the Office of Credit Unions. The Chief of the Office of
Credit Unions shall, under the direction and on behalf of the Deputy
Commissioner of Business Oversight for the Division of Financial
Institutions, administer the laws of this state relating to credit
unions or the credit union business. The Chief of the Office of
Credit Unions shall be appointed by the Governor and shall hold
office at the pleasure of the Governor. The Chief of the Office of
Credit Unions shall receive an annual salary as fixed by the
Governor.
SEC. 105. Section 17002 of the Financial Code
is amended to read:
17002. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
SEC. 106. SEC. 88. Section 17312 of
the Financial Code is amended to read:
17312. (a) Each person licensed pursuant to this division who is
engaged in the business of receiving escrows specified in subdivision
(c) and whose escrow business location is located within the State
of California shall participate as a member in Fidelity Corporation
in accordance with this chapter and rules established by the Board of
Directors of Fidelity Corporation. Fidelity Corporation shall not
deny membership to any escrow agent holding a valid unrevoked license
under the Escrow Law who is required to be a member under this
subdivision.
(b) Upon filing a new application for licensure as required by
Section 17201, persons required to be a member of Fidelity
Corporation shall file a copy thereof concurrently with Fidelity
Corporation. If an application for licensure submitted to Fidelity
Corporation contains personal or confidential information, Fidelity
Corporation and its board shall maintain this information in
confidence to protect the privacy of the information. The copy of the
application shall include the three-thousand-dollar ($3,000) fee
specified in subdivision (a) of Section 17320 and all required
Fidelity Corporation Certificates set forth in Sections 17331 and
17331.1. Fidelity Corporation shall promptly furnish to the
commissioner a compliance letter confirming that the applicant has
satisfied the requirements to be a member of Fidelity Corporation.
(c) The required membership in Fidelity Corporation shall be
limited to those licensees whose escrow business location is located
within the State of California and who engage, in whole or in part,
in the business of receiving escrows for deposit or delivery in the
following types of transactions:
(1) Real property escrows, including, but not limited to, the
sale, encumbrance, lease, transfer of title, loans or other
obligations to be secured by a lien upon real property, and
exchanges, excluding money or property held or deposited pursuant to
paragraph (3) of subdivision (a) of Section 51003.
(2) Bulk sale escrows, including, but not limited to, the sale or
transfer of title to a business entity and the transfer of liquor
licenses or other types of business licenses or permits.
(3) Fund or joint control escrows, including, but not limited to,
transactions specified in Section 17005.1, and contracts specified in
Section 10263 of the Public Contract Code.
(4) The sale, transfer of title, or refinance escrows for
manufactured homes or mobilehomes.
(5) Reservation deposits required under Article 2 (commencing with
Section 11010) of Chapter 1 of Part 2 of Division 4 of the Business
and Professions Code or by regulation of the Bureau of Real Estate to
be held in an escrow account.
(6) Escrows for sale, transfer, modification, assignment, or
hypothecation of promissory notes secured by deeds of trust.
(d) Coverage required to be provided by Fidelity Corporation under
this chapter shall be provided to members only for loss of trust
obligations with respect to those types of transactions specified in
subdivision (c). If a loss covered by Fidelity Corporation is also
covered by a member's general liability, dishonesty, or indemnity
policy, or other private insurance policy, then the member's private
policy shall first be applied as the primary indemnity to cover the
loss. However, the failure of the member's private primary policy to
indemnify the member's loss within the time specified for Fidelity
Corporation indemnity in subdivision (a) of Section 17314 shall not
limit the indemnity obligations of Fidelity Corporation as defined in
this chapter. Indemnity coverage for those types of transactions not
specified in subdivision (c) shall be provided by escrow agents in
accordance with Section 17203.1.
SEC. 107. SEC. 89. Section 17423.1
of the Financial Code is amended to read:
17423.1. (a) (1) Whenever the commissioner takes any enforcement
or disciplinary action pursuant to Section 17423, upon the action
becoming final the commissioner shall notify the Real Estate
Commissioner and the Insurance Commissioner of the action or actions
taken. The purpose of this notification is to alert the departments
that enforcement or disciplinary action has been taken, if the person
seeks or obtains employment with entities regulated by the
departments.
(2) The commissioner shall provide the Real Estate Commissioner
and the Insurance Commissioner, in addition to the notification of
the action taken, with a copy of the written accusation, statement of
issues, or order issued or filed in the matter and, at the request
of the Real Estate Commissioner or Insurance Commissioner, with any
underlying factual material relevant to the enforcement or
disciplinary action. Any confidential information provided by the
commissioner to the Insurance Commissioner or the Real Estate
Commissioner shall not be made public pursuant to this section.
Notwithstanding any other provision of law, the disclosure of any
underlying factual material to the Insurance Commissioner or the Real
Estate Commissioner shall not operate as a waiver of confidentiality
or any privilege that the commissioner may assert.
(b) The commissioner shall establish and maintain, on the Web site
maintained by the Department of Business Oversight, a separate and
readily identifiable database of all persons who have been subject to
any enforcement or disciplinary action that triggers the
notification requirements of this section. The database shall also
contain a direct link to the databases, described in Section 10176.1
of the Business and Professions Code and Section 12414.31 of the
Insurance Code and required to be maintained on the Web sites of the
Bureau of Real Estate and the Department of Insurance, respectively,
of persons who have been subject to enforcement or disciplinary
action for malfeasance or misconduct related to the escrow industry
by the Insurance Commissioner and the Real Estate Commissioner.
(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California,
the Department of Business Oversight, the Commissioner of Business
Oversight, any other state agency, or any officer, agent, employee,
consultant, or contractor of the state, for the release of any false
or unauthorized information pursuant to this section, unless the
release of that information was done with knowledge and malice, or
for the failure to release any information pursuant to this section.
SEC. 108. Section 18002 of the Financial Code
is amended to read:
18002. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Financial Institutions.
SEC. 109. SEC. 90. Section 18002.5
of the Financial Code is amended to read:
18002.5. "Department" means the Division of Financial
Institutions in the Department of Business Oversight.
SEC. 110. Section 22005 of the Financial Code
is amended to read:
22005. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
SEC. 111. SEC. 91. Section 23001 of
the Financial Code is amended to read:
23001. As used in this division, the following terms have the
following meanings:
(a) "Deferred deposit transaction" means a transaction whereby a
person defers depositing a customer's personal check until a specific
date, pursuant to a written agreement for a fee or other charge, as
provided in Section 23035.
(b) "Commissioner" means the Commissioner of Business Oversight.
(c) "Department" means the Division of Corporations within the
Department of Business Oversight.
(d) "Licensee" means any person who offers, originates, or makes a
deferred deposit transaction, who arranges a deferred deposit
transaction for a deferred deposit originator, who acts as an agent
for a deferred deposit originator, or who assists a deferred deposit
originator in the origination of a deferred deposit transaction.
However, "licensee" does not include a state or federally chartered
bank, thrift, savings association, industrial loan company, or credit
union. "Licensee" also does not include a retail seller engaged
primarily in the business of selling consumer goods, including
consumables, to retail buyers that cashes checks or issues money
orders for a minimum fee not exceeding two dollars ($2) as a service
to its customers that is incidental to its main purpose or business.
"Licensee" also does not include an employee regularly employed by a
licensee at the licensee's place of business. An employee, when
acting under the scope of the employee's employment, shall be exempt
from any other law from which the employee's employer is exempt.
(e) "Person" means an individual, a corporation, a partnership, a
limited liability company, a joint venture, an association, a joint
stock company, a trust, an unincorporated organization, a government
entity, or a political subdivision of a government entity.
(f) "Deferred deposit originator" means a person who offers,
originates, or makes a deferred deposit transaction.
SEC. 112. Section 30002 of the Financial Code
is amended to read:
30002. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
SEC. 113. SEC. 92. Section 30005 of
the Financial Code is amended to read:
30005. This division does not apply to:
(a) A securities depository which is operated by a corporation,
all of the capital stock (other than directors' qualifying shares, if
any) of which is held by or for a national securities exchange or
association registered under a statute of the United States such as
the Securities Exchange Act of 1934, or by a corporation all of the
capital stock (other than directors' qualifying shares, if any) of
which is held by or for such a wholly owned subsidiary of a
registered national securities exchange.
(b) A securities depository which is registered with the
Securities and Exchange Commission pursuant to any provision of
federal law or which is regulated by the Comptroller of the Currency,
the Federal Reserve Board, or the Federal Deposit Insurance
Corporation pursuant to any provision of federal law, or which is
regulated by the Commissioner of Business Oversight under Division 1
(commencing with Section 1000) of the Financial Code.
SEC. 114. SEC. 93. Section 31055 of
the Financial Code is amended to read:
31055. "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Financial Institutions or any person to
whom the deputy commissioner delegates the authority to act for him
or her in the particular matter.
SEC. 115. Section 50003 of the Financial Code,
as amended by Section 9 of Chapter 264 of the Statutes of 2012, is
amended to read:
50003. (a) "Annual audit" means a certified audit of the licensee'
s books, records, and systems of internal control performed by an
independent certified public accountant in accordance with generally
accepted accounting principles and generally accepted auditing
standards.
(b) "Borrower" means the loan applicant.
(c) "Buy" includes exchange, offer to buy, or solicitation to buy.
(d) "Commissioner" means the Deputy Commissioner of Business
Oversight for the Division of Corporations.
(e) "Control" means the possession, directly or indirectly, of the
power to direct, or cause the direction of, the management and
policies of a licensee under this division, whether through voting or
through the ownership of voting power of an entity that possesses
voting power of the licensee, or otherwise. Control is presumed to
exist if a person, directly or indirectly, owns, controls, or holds
10 percent or more of the voting power of a licensee or of an entity
that owns, controls, or holds, with power to vote, 10 percent or more
of the voting power of a licensee. No person shall be deemed to
control a licensee solely by reason of his or her status as an
officer or director of the licensee.
(f) "Depository institution" has the same meaning as in Section 3
of the Federal Deposit Insurance Act, and includes any credit union.
(g) "Engage in the business" means the dissemination to the
public, or any part of the public, by means of written, printed, or
electronic communication or any communication by means of recorded
telephone messages or spoken on radio, television, or similar
communications media, of
any information relating to the making of residential mortgage loans,
the servicing of residential mortgage loans, or both. "Engage in the
business" also means, without limitation, making residential
mortgage loans or servicing residential mortgage loans, or both.
(h) "Federal banking agencies" means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Director of the Office of Thrift Supervision, the National Credit
Union Administration, and the Federal Deposit Insurance Corporation.
(i) "In this state" includes any activity of a person relating to
making or servicing a residential mortgage loan that originates from
this state and is directed to persons outside this state, or that
originates from outside this state and is directed to persons inside
this state, or that originates inside this state and is directed to
persons inside this state, or that leads to the formation of a
contract and the offer or acceptance thereof is directed to a person
in this state (whether from inside or outside this state and whether
the offer was made inside or outside the state).
(j) "Institutional investor" means the following:
(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or
commonwealth of the United States, or any agency or other
instrumentality of any one or more of the foregoing, including, by
way of example, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation.
(2) Any bank, trust company, savings bank or savings and loan
association, credit union, industrial bank or industrial loan
company, personal property broker, consumer finance lender,
commercial finance lender, or insurance company, or subsidiary or
affiliate of one of the preceding entities, doing business under the
authority of or in accordance with a license, certificate, or charter
issued by the United States or any state, district, territory, or
commonwealth of the United States.
(3) Trustees of pension, profit-sharing, or welfare funds, if the
pension, profit-sharing, or welfare fund has a net worth of not less
than fifteen million dollars ($15,000,000), except pension,
profit-sharing, or welfare funds of a licensee or its affiliate,
self-employed individual retirement plans, or individual retirement
accounts.
(4) A corporation or other entity with outstanding securities
registered under Section 12 of the federal Securities Exchange Act of
1934 or a wholly owned subsidiary of that corporation or entity,
provided that the purchaser represents either of the following:
(A) That it is purchasing for its own account for investment and
not with a view to, or for sale in connection with, any distribution
of a promissory note.
(B) That it is purchasing for resale pursuant to an exemption
under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange
Commission.
(5) An investment company registered under the Investment Company
Act of 1940; or a wholly owned and controlled subsidiary of that
company, provided that the purchaser makes either of the
representations provided in paragraph (4).
(6) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law or an affiliate or
subsidiary of that person.
(7) Any person who is licensed as a securities broker or
securities dealer under any law of this state, or of the United
States, or any employee, officer, or agent of that person, if that
person is acting within the scope of authority granted by that
license or an affiliate or subsidiary controlled by that broker or
dealer, in connection with a transaction involving the offer, sale,
purchase, or exchange of one or more promissory notes secured
directly or indirectly by liens on real property or a security
representing an ownership interest in a pool of promissory notes
secured directly or indirectly by liens on real property, and the
offer and sale of those securities is qualified under the California
Corporate Securities Law of 1968 or registered under federal
securities laws, or exempt from qualification or registration.
(8) A licensed real estate broker selling the loan to an
institutional investor specified in paragraphs (1) to (7), inclusive,
or paragraph (9) or (10).
(9) A business development company as defined in Section 2(a)(48)
of the Investment Company Act of 1940 or a Small Business Investment
Company licensed by the United States Small Business Administration
under Section 301(c) or (d) of the Small Business Investment Act of
1958.
(10) A syndication or other combination of any of the foregoing
entities that is organized to purchase a promissory note.
(11) A trust or other business entity established by an
institutional investor for the purpose of issuing or facilitating the
issuance of securities representing undivided interests in, or
rights to receive payments from or to receive payments primarily
from, a pool of financial assets held by the trust or business
entity, provided that all of the following apply:
(A) The business entity is not a sole proprietorship.
(B) The pool of assets consists of one or more of the following:
(i) Interest-bearing obligations.
(ii) Other contractual obligations representing the right to
receive payments from the assets.
(iii) Surety bonds, insurance policies, letters of credit, or
other instruments providing credit enhancement for the assets.
(C) The securities will be either one of the following:
(i) Rated as "investment grade" by Standard and Poor's Corporation
or Moody's Investors Service, Inc. "Investment grade" means that the
securities will be rated by Standard and Poor's Corporation as AAA,
AA, A, or BBB or by Moody's Investors Service, Inc. as Aaa, Aa, A, or
Baa, including any of those ratings with "+" or "--" designation or
other variations that occur within those ratings.
(ii) Sold to an institutional investor.
(D) The offer and sale of the securities is qualified under the
California Corporate Securities Law of 1968 or registered under
federal securities laws, or exempt from qualification or
registration.
(k) "Institutional lender" means the following:
(1) The United States or any state, district, territory, or
commonwealth thereof, or any city, county, city and county, public
district, public authority, public corporation, public entity, or
political subdivision of a state, district, territory, or
commonwealth of the United States, or any agency or other
instrumentality of any one or more of the foregoing, including, by
way of example, the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation.
(2) Any bank, trust company, savings bank or savings and loan
association, credit union, industrial loan company, or insurance
company, or service or investment company that is wholly owned and
controlled by one of the preceding entities, doing business under the
authority of and in accordance with a license, certificate, or
charter issued by the United States or any state, district,
territory, or commonwealth of the United States.
(3) Any corporation with outstanding securities registered under
Section 12 of the Securities Exchange Act of 1934 or any wholly owned
subsidiary of that corporation.
(4) A residential mortgage lender or servicer licensed to make
residential mortgage loans under this law.
(l) "Law" means the California Residential Mortgage Lending Act.
(m) "Lender" means a person that (1) is an approved lender for the
Federal Housing Administration, Veterans Administration, Farmers
Home Administration, Government National Mortgage Association,
Federal National Mortgage Association, or Federal Home Loan Mortgage
Corporation, (2) directly makes residential mortgage loans, and (3)
makes the credit decision in the loan transactions.
(n) "Licensee" means, depending on the context, a person licensed
under Chapter 2 (commencing with Section 50120), Chapter 3
(commencing with Section 50130), or Chapter 3.5 (commencing with
Section 50140).
(o) "Makes or making residential mortgage loans" or "mortgage
lending" means processing, underwriting, or as a lender using or
advancing one's own funds, or making a commitment to advance one's
own funds, to a loan applicant for a residential mortgage loan.
(p) "Mortgage loan," "residential mortgage loan," or "home
mortgage loan" means a federally related mortgage loan as defined in
Section 3500.2 of Title 24 of the Code of Federal Regulations, or a
loan made to finance construction of a one-to-four family dwelling.
(q) "Mortgage servicer" or "residential mortgage loan servicer"
means a person that (1) is an approved servicer for the Federal
Housing Administration, Veterans Administration, Farmers Home
Administration, Government National Mortgage Association, Federal
National Mortgage Association, or Federal Home Loan Mortgage
Corporation, and (2) directly services or offers to service mortgage
loans.
(r) "Nationwide Mortgage Licensing System and Registry" means a
mortgage licensing system developed and maintained by the Conference
of State Bank Supervisors and the American Association of Residential
Mortgage Regulators for the licensing and registration of licensed
mortgage loan originators.
(s) "Net worth" has the meaning set forth in Section 50201.
(t) "Own funds" means (1) cash, corporate capital, or warehouse
credit lines at commercial banks, savings banks, savings and loan
associations, industrial loan companies, or other sources that are
liability items on a lender's financial statements, whether secured
or unsecured, or (2) a lender's affiliate's cash, corporate capital,
or warehouse credit lines at commercial banks or other sources that
are liability items on the affiliate's financial statements, whether
secured or unsecured. "Own funds" does not include funds provided by
a third party to fund a loan on condition that the third party will
subsequently purchase or accept an assignment of that loan.
(u) "Person" means a natural person, a sole proprietorship, a
corporation, a partnership, a limited liability company, an
association, a trust, a joint venture, an unincorporated
organization, a joint stock company, a government or a political
subdivision of a government, and any other entity.
(v) "Residential real property" or "residential real estate" means
real property located in this state that is improved by a
one-to-four family dwelling.
(w) "SAFE Act" means the federal Secure and Fair Enforcement for
Mortgage Licensing Act of 2008 (Public Law 110-289).
(x) "Service" or "servicing" means receiving more than three
installment payments of principal, interest, or other amounts placed
in escrow, pursuant to the terms of a mortgage loan and performing
services by a licensee relating to that receipt or the enforcement of
its receipt, on behalf of the holder of the note evidencing that
loan.
(y) "Sell" includes exchange, offer to sell, or solicitation to
sell.
(z) "Unique identifier" means a number or other identifier
assigned by protocols established by the Nationwide Mortgage
Licensing System and Registry.
(aa) For purposes of Sections 50142, 50143, and 50145,
"nontraditional mortgage product" means any mortgage product other
than a 30-year fixed rate mortgage.
(ab) For purposes of Section 50141, "expungement" means the
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing such individual to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty or dismissing the accusation, information, or indictment. With
respect to criminal convictions in another state, that state's
definition of expungement will apply.
SEC. 116. SEC. 94. Section 50702 of
the Financial Code is amended to read:
50702. (a) The annual report required by Section 50401(a) shall
include both of the following:
(1) The number and the aggregate principal amount of closed
residential mortgage loans secured by residential real estate in
which the licensee provides brokerage services, as defined in this
chapter.
(2) The number and aggregate principal amount of residential
mortgage loans made by the licensee under this division.
(b) The sum total of the aggregate principal loan amounts reported
in paragraphs (1) and (2) of subdivision (a) shall be deemed the
aggregate principal amount of mortgage loans secured by residential
real property originated by the licensee, for purposes of determining
a licensee's annual assessment under subdivision (a) of Section
50401.
(c) The commissioner shall provide copies of the annual reports
required by subdivision (a) of Section 50401 to the Bureau of Real
Estate upon request of the Real Estate Commissioner.
SEC. 117. SEC. 95. Section 1389 of
the Fish and Game Code is amended to read:
1389. The preservation and enhancement of riparian habitat shall
be a primary concern of the Wildlife Conservation Board and the
department, and of all state agencies whose activities impact
riparian habitat, including the Department of Conservation, the
Department of Parks and Recreation, the Department of Water
Resources, the Department of Forestry and Fire Protection, the State
Coastal Conservancy, the California Conservation Corps, the
California Tahoe Conservancy, the Santa Monica Mountains Conservancy,
the California Coastal Commission, the San Francisco Bay
Conservation and Development Commission, and the State Lands
Commission.
SEC. 118. SEC. 96. Section 2301 of
the Fish and Game Code is amended to read:
2301. (a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, dreissenid mussels.
(2) The director or his or her designee may do all of the
following:
(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.
(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved by
the department.
(C) Impound or quarantine conveyances in locations designated by
the department for up to five days or the period of time necessary to
ensure that dreissenid mussels can no longer live on or in the
conveyance.
(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities be
inspected, quarantined, or disinfected in a manner and for a duration
necessary to detect and prevent the spread of dreissenid mussels
within the state.
(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner
and duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction
shall be authorized by the director or his or her designee without
the concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department's Internet Web site in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Water Resources, the Department of
Parks and Recreation, and the State Lands Commission in the event of
a decision to close, quarantine, or restrict a facility pursuant to
this paragraph. These procedures shall include the reasons for the
closure, quarantine, or restriction, and methods for providing
updated information to those affected. These procedures shall also
include protocols for the posting of the notifications on the
department's Internet Web site required by clause (ii).
(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus
the closure or quarantine to specific areas and facilities so as to
avoid or minimize disruption of economic or recreational activity in
the vicinity.
(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.
(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code does not
apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) involving the use of chemicals other than
salt or hot water to decontaminate a conveyance or a facility is
subject to Division 13 (commencing with Section 21000) of the Public
Resources Code.
(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures to
avoid infestation by dreissenid mussels and to control or eradicate
any infestation that may occur in a water supply system. If
dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following minimum
elements:
(A) Methods for delineation of infestation, including both adult
mussels and veligers.
(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in
conditions.
(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in the
approved plan to address scientific advances in the methods of
controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control or
eradicate dreissenid mussels in accordance with paragraph (1), the
requirements of subdivision (a) do not apply to the operation of
those water delivery and storage facilities, and the operator is not
subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to the
operation of the water delivery and storage facilities covered by
the plan until the operator updates or revises the plan and initiates
and complies with all of the elements of the updated or revised
plan.
(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or written
order or regulation adopted pursuant to this section, or who resists,
delays, obstructs, or interferes with the implementation of this
section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.
(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
(g) The department may adopt regulations to carry out this
section.
(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under this
section shall not be liable with regard to any determination or
authorization made pursuant to this section.
(i) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 119. SEC. 97. Section 3862 of
the Fish and Game Code is amended to read:
3862. The Natural Resources Agency, in consultation with the
department, the Department of Food and Agriculture, the State
Department of Public Health, the Office of Emergency Services, and
the University of California, shall develop and implement a plan for
the surveillance, monitoring, sampling, diagnostic testing, and
reporting of avian influenza in wild birds and animals in the state.
The Natural Resources Agency shall consult with the United States
Fish and Wildlife Service and the United States Department of Food
and Agriculture in developing the plan.
SEC. 120. SEC. 98. Section 3863 of
the Fish and Game Code is amended to read:
3863. (a) The Secretary of the Natural Resources Agency shall
formally establish the Avian Influenza Working Group to assist in the
development of the plan described in Section 3862. The Avian
Influenza Working Group shall utilize, as guidance for early
detection, the national protocol that has been developed to guide
states in developing state-specific plans, known as the Early
Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in
Wild Migratory Birds. The Avian Influenza Working Group shall also
continue, enhance, and facilitate the work already begun by the
department, other state departments, and the University of
California, to coordinate communication of information and response
plans for highly pathogenic avian influenza in wild birds.
(b) The Avian Influenza Working Group shall be composed of all of
the following members:
(1) The Secretary of the Natural Resources Agency, or a designee.
(2) The director, or a designee.
(3) The Secretary of Food and Agriculture, or a designee.
(4) The State Public Health Officer, or a designee.
(5) The Director of Emergency Services, or a designee.
(6) One representative appointed by the Regents of the University
of California.
(7) Two representatives from a qualified research organization or
other qualified nongovernmental organization appointed by the
Secretary of the Natural Resources Agency.
(c) The director shall chair the Avian Influenza Working Group.
(d) A majority of the Avian Influenza Working Group shall
constitute a quorum for the transaction of business.
(e) The duties of the Avian Influenza Working Group shall include
all of the following:
(1) Developing strategies for the detection of, and response to,
the avian influenza virus in wild birds in California.
(2) Fostering communication among state and federal agencies
regarding the avian influenza surveillance program.
(3) Developing strategies for public outreach and education.
(f) The Avian Influenza Working Group may consult with other
public and nonprofit groups potentially affected by avian influenza
in wild birds.
SEC. 121. SEC. 99. Section 3806 of
the Food and Agricultural Code is amended to read:
3806. For the purposes of Article 1 (commencing with Section
4101) of Chapter 6 of this part, "agency" means the Natural Resources
Agency.
SEC. 122. SEC. 100. Section 4101.4
of the Food and Agricultural Code is amended to read:
4101.4. (a) The Legislature finds and declares that the operation
of the California Science Center may require individual skills not
generally available in state civil service to
support specialized functions, such as exhibit
maintenance, and educational and guest services programs, including
animal care and horticulture.
(b) Notwithstanding any other provision of law, the California
Science Center may enter into a personal services contract or
contracts with the California Science Center Foundation without a
competitive bidding process. These contracts shall be subject to
approval by the Natural Resources Agency and the Department of
General Services and be subject to all state audit requirements.
SEC. 123. SEC. 101. Section 11451.5
of the Food and Agricultural Code is repealed.
SEC. 124. SEC. 102. Section 58509 of
the Food and Agricultural Code is amended to read:
58509. (a) The Secretary of Food and Agriculture shall consult
with four food bank representatives, two from the northern portion of
the state, all of whom have been active members of a nationwide
network of food banks for a minimum of two years immediately prior to
appointment, and two from the southern portion of the state, all of
whom have been active members of a nationwide network of food banks
for a minimum of two years immediately prior to appointment, and two
food industry representatives, one wholesaler and one manufacturer,
all of whom shall be selected by the Governor and referred to as the
Food Bank Advisory Committee.
(b) Members of the committee who are not state employees shall be
paid per diem for their actual expenses in attending committee
meetings.
(c) The committee shall do all of the following:
(1) Advise the Department of Food and Agriculture in the
establishment of new food banks.
(2) Advise in the adequate and efficient distribution of surplus
food commodities to all areas of the state.
SEC. 125. SEC. 103. Section 179.7 of
the Government Code is amended to read:
179.7. (a) Notwithstanding Article 6 of the Emergency Management
Assistance Compact, as set forth in Section 179.5, the state shall
indemnify and make whole any officer or employee who is a resident of
California, or his or her heirs, if the officer or employee is
injured or killed in another state when rendering aid pursuant to the
compact, as if the act or acts occurred in California, less any
recovery obtained under the provisions of Article 6 of the Emergency
Management Assistance Compact.
(b) Local government or special district personnel who are
officially deployed under the provisions of the Emergency Management
Assistance Compact pursuant to an assignment of the Office of
Emergency Services shall be defended by the Attorney General or other
legal counsel provided by the state, and shall be indemnified
subject to the same conditions and limitations applicable to state
employees.
SEC. 126. SEC. 104. Section 955.1 of
the Government Code is amended to read:
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, these
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the Office of
Emergency Services to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken by
state and local governments and special districts to protect life and
property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that those
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
SEC. 127. SEC. 105. Section 3101 of
the Government Code is amended to read:
3101. For the purpose of this chapter the term "disaster service
worker" includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the Office
of Emergency Services. The term "public employees" includes all
persons employed by the state or any county, city, city and county,
state agency or public district, excluding aliens legally employed.
SEC. 128. SEC. 106. Section 3102 of
the Government Code is amended to read:
3102. (a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the oath
or affirmation required by this chapter.
(b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all
successive periods of employment which commence within one calendar
year from the date of that subscription.
(c) Notwithstanding subdivision (b), the oath taken and subscribed
by a person who is a member of an emergency organization sanctioned
by a state agency or an accredited disaster council, whose members
are duly enrolled or registered with the Office of Emergency
Services, or any accredited disaster council of any political
subdivision, shall be effective for the period the person remains a
member with that organization.
SEC. 129. Section 6253.4 of the Government Code
is amended to read:
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Bureau of Real Estate
Department of Motor Vehicles
Department of Consumer Affairs
Department of Corrections and Rehabilitation
Department of Corrections and Rehabilitation, Division of Youth
Authority
Department of Justice
Department of Insurance
Department of Business Oversight
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of State Hospitals
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
Teachers' Retirement Board
Transportation Agency
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
SEC. 130. Section 6254 of the Government Code
is amended to read:
6254. Except as provided in Sections 6254.7 and 6254.13, nothing
in this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
Office of Emergency Services, and any state or local police agency,
or any investigatory or security files compiled by any other state or
local police agency, or any investigatory or security files compiled
by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and
telephone number of prosecutors, public defenders, peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215 of the Penal Code by the
sheriff of a county or the chief or other head of a municipal police
department.
(3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the Office of Emergency Services for use by that office,
including the identity of the person who or entity that voluntarily
submitted the information. As used in this subdivision, "voluntarily
submitted" means submitted in the absence of the office exercising
any legal authority to compel access to or submission of critical
infrastructure information. This subdivision shall not affect the
status of information in the possession of any other state or local
governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
SEC. 107. Section 6254 of the
Government Code , as amended by Assembly Bill 82 of the
2013-14 Regular Session, is amended to read:
6254. Except as provided in Sections 6254.7 and 6254.13, nothing
in this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency,
Office of Emergency Services and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or
training to employees who do not have full collective bargaining and
representation rights under these chapters. Nothing in this
subdivision shall be construed to limit the disclosure duties of a
state agency with respect to any other records relating to the
activities governed by the employee relations acts referred to in
this subdivision.
(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendment shall be open to inspection by the Joint
Legislative Audit Committee and the Legislative Analyst's Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time a contract or amendment is
fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
(3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.3 (commencing with Section 12695), Part 6.5
(commencing with Section 12700), Part 6.6 (commencing with Section
12739.5), and Part 6.7 (commencing with Section 12739.70) of Division
2 of the Insurance Code, and Chapter 2 (commencing with Section
15850) of Part 3.3 of Division 9 of the Welfare and Institutions
Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board is considering or enters into any other
arrangement under which the board or the department provides,
receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, or Chapter 2.2 (commencing with Section 15850) of Part 3.3 of
Division 9 of the Welfare and Institutions Code, on or after July 1,
1991, shall be open to inspection one year after their effective
dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
SEC. 131. SEC. 108. Section 6254.23
of the Government Code is amended to read:
6254.23. Nothing in this chapter or any other provision of law
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the Office of
Emergency Services pursuant to Article 7.3 (commencing with Section
7665) of Chapter 1 of Division 4 of the Public Utilities Code.
SEC. 132. SEC. 109. Section 6276.26
of the Government Code is amended to read:
6276.26. Improper governmental activities reporting,
confidentiality of identity of person providing information, Section
8547.5.
Improper governmental activities reporting, disclosure of
information, Section 8547.6.
Industrial loan companies, confidentiality of financial
information, Section 18496, Financial Code.
Industrial loan companies, confidentiality of investigation and
examination reports, Section 18394, Financial Code.
Influenza vaccine, trade secret information and information
relating to recipient of vaccine, Section 120155, Health and Safety
Code.
In forma pauperis litigant, rules governing confidentiality of
financial information, Section 68511.3.
Infrastructure information, exemption from disclosure for
information voluntarily submitted to the Office of Emergency
Services, subdivision (ab), Section 6254.
In-Home Supportive Services Program, exemption from disclosure for
information regarding persons paid by the state to provide in-home
supportive services, Section 6253.2.
Initiative, referendum, recall, and other petitions,
confidentiality of names of signers, Section 6253.5.
Insurance claims analysis, confidentiality of information, Section
1875.16, Insurance Code.
Insurance Commissioner, confidential information, Sections 735.5,
1067.11, 1077.3, and 12919, Insurance Code.
Insurance Commissioner, informal conciliation of complaints,
confidential communications, Section 1858.02, Insurance Code.
Insurance Commissioner, information from examination or
investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3,
Insurance Code.
Insurance Commissioner, writings filed with nondisclosure, Section
855, Insurance Code.
Insurance fraud reporting, information acquired not part of public
record, Section 1873.1, Insurance Code.
Insurance licensee, confidential information, Section 1666.5,
Insurance Code.
Insurer application information, confidentiality of, Section
925.3, Insurance Code.
Insurer financial analysis ratios and examination synopses,
confidentiality of, Section 933, Insurance Code.
Department of Resources Recycling and Recovery information,
prohibition against disclosure, Section 45982, Revenue and Taxation
Code.
International wills, confidentiality of registration information
filed with the Secretary of State, Section 6389, Probate Code.
Intervention in regulatory and ratemaking proceedings, audit of
customer seeking and award, Section 1804, Public Utilities Code.
Investigation and security records, exemption from disclosure for
records of the Attorney General, the Department of Justice, the
Office of Emergency Services, and state and local police agencies,
subdivision (f), Section 6254.
Investigative consumer reporting agency, limitations on furnishing
an investigative consumer report, Section 1786.12, Civil Code.
SEC. 133. SEC. 110. Section 6276.38
of the Government Code is amended to read:
6276.38. Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Director of Emergency Services, or the Office of
Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.
Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of,
Section 27280.
Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.
Registered public obligations, inspection of records of security
interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.
Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.
Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board members,
owners, partners, officers, and contractors of a reproductive health
services facility who have provided requisite notification, Section
6254.18.
Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles,
confidentiality of, Section 6254.1, Government Code, and Section
1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor
Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident
information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of
client information, Section 1569.315, Health and Safety Code.
Respiratory care practitioner, professional competency examination
reports, confidentiality of, Section 3756, Business and Professions
Code.
Restraint of trade, civil action by district attorney,
confidential memorandum, Section 16750, Business and Professions
Code.
Reward by governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.
SEC. 134. SEC. 111. Section 7465 of
the Government Code is amended to read:
7465. For the purposes of this chapter:
(a) The term "financial institution" includes state and national
banks, state and federal savings associations, trust companies,
industrial loan companies, and state and federal credit unions. Such
term shall not include a title insurer while engaging in the conduct
of the "business of title insurance" as defined by Section 12340.3 of
the Insurance Code, an underwritten title company, or an escrow
company.
(b) The term "financial records" means any original or any copy of
any record or document held by a financial institution pertaining to
a customer of the financial institution.
(c) The term "person" means an individual, partnership,
corporation, limited liability company, association, trust or any
other legal entity.
(d) The term "customer" means any person who has transacted
business with or has used the services of a financial institution or
for whom a financial institution has acted as a fiduciary.
(e) The term "state agency" means every state office, officer,
department, division, bureau, board, and commission or other state
agency, including the Legislature.
(f) The term "local agency" includes a county; city, whether
general law or chartered; city and county; school district; municipal
corporation; district; political subdivision; or any board,
commission or agency thereof; or other local public agency.
(g) The term "supervisory agency" means any of the following:
(1) The Department of Financial Institutions.
(2) The Controller.
(3) The Administrator of Local Agency Security.
(4) The Bureau of Real Estate.
(5) The Department of Insurance.
(h) The term "investigation" includes, but is not limited to, any
inquiry by a peace officer, sheriff, or district attorney, or any
inquiry made for the purpose of determining whether there has been a
violation of any law enforceable by imprisonment, fine, or monetary
liability.
(i) The term "subpoena" includes subpoena duces tecum.
SEC. 135. SEC. 112. Section 8550 of
the Government Code is amended to read:
8550. The state has long recognized its responsibility to
mitigate the effects of natural, manmade, or war-caused emergencies
that result in
conditions of disaster or in extreme peril to life, property, and the
resources of the state, and generally to protect the health and
safety and preserve the lives and property of the people of the
state. To ensure that preparations within the state will be adequate
to deal with such emergencies, it is hereby found and declared to be
necessary:
(a) To confer upon the Governor and upon the chief executives and
governing bodies of political subdivisions of this state the
emergency powers provided herein; and to provide for state assistance
in the organization and maintenance of the emergency programs of
such political subdivisions.
(b) To provide for a state office to be known and referred to as
the Office of Emergency Services, within the office of the Governor,
and to prescribe the powers and duties of the director of that
office.
(c) To provide for the assignment of functions to state entities
to be performed during an emergency and for the coordination and
direction of the emergency actions of those entities.
(d) To provide for the rendering of mutual aid by the state
government and all its departments and agencies and by the political
subdivisions of this state in carrying out the purposes of this
chapter.
(e) To authorize the establishment of such organizations and the
taking of such actions as are necessary and proper to carry out the
provisions of this chapter.
It is further declared to be the purpose of this chapter and the
policy of this state that all emergency services functions of this
state be coordinated as far as possible with the comparable functions
of its political subdivisions, of the federal government including
its various departments and agencies, of other states, and of private
agencies of every type, to the end that the most effective use may
be made of all manpower, resources, and facilities for dealing with
any emergency that may occur.
SEC. 136. SEC. 113. Section 8570.5
of the Government Code is amended to read:
8570.5. The Office of Emergency Services shall develop a guidance
document to the state emergency plan to specify the response of the
state and its political subdivisions to agriculture-related
disasters. This document shall be completed by January 2002, and
updated by January 2009, and shall include, but not be limited to,
all of the following:
(a) The roles and responsibilities of the county agricultural
commissioners.
(b) The roles and responsibilities of the Department of
Agriculture and other relevant state agencies that are involved in
the response to agriculture-related disasters.
(c) Coordination of initial and ongoing crop damage assessments.
(d) Disaster assistance between the time of the request for a
federal disaster declaration and issuance of a federal declaration.
(e) State assistance available if a requested federal declaration
is not issued.
(f) State assistance under a United States Department of
Agriculture designation rather than a federal declaration.
(g) State assistance for long-term unemployment in areas with high
unemployment rates prior to an emergency.
(h) Provision for the removal and elimination of extraordinary
numbers of dead livestock for purposes of protecting public health
and safety.
(i) Strategies to assist in the development of an integrated and
coordinated response by community-based organizations to the victims
of agriculture-related disasters.
(j) Procedures for the decontamination of individuals who have
been or may have been exposed to hazardous materials, which may vary
depending on the hazards posed by a particular hazardous material.
The report shall specify that individuals shall be assisted in a
humanitarian manner.
(k) Integration of various local and state emergency response
plans, including, but not limited to, plans that relate to hazardous
materials, oil spills, public health emergencies, and general
disasters.
SEC. 137. SEC. 114. Section 8574.17
of the Government Code is amended to read:
8574.17. (a) (1) A state toxic disaster contingency plan
established pursuant to this article shall provide for an integrated
and effective state procedure to respond to the occurrence of toxic
disasters within the state. The plan shall provide for the
designation of a lead agency to direct strategy to ameliorate the
effects of a toxic disaster, for specified state agencies to
implement the plan, for interagency coordination of the training
conducted by state agencies pursuant to the plan, and for on-scene
coordination of response actions.
(2) Notwithstanding any provision of the plan, the authority for
the management of the scene of an on-highway toxic spill or disaster
shall be vested in the appropriate law enforcement agency having
primary traffic investigative authority on the highway where the
incident occurs or in a local fire protection agency as provided by
Section 2454 of the Vehicle Code. During the preparation of the toxic
disaster contingency plan, the Office of Emergency Services shall
adopt the recommendations of the Department of the California Highway
Patrol in developing response and on-scene procedures for toxic
disasters which occur upon the highways, based upon previous studies
for such procedures, insofar as the procedures are not inconsistent
with the overall plan for initial notification of toxic disasters by
public agencies and for after-incident evaluation and reporting.
(b) The Office of Emergency Services shall establish a central
notification and reporting system to facilitate operation of the
state toxic disaster response procedures designated by the toxic
disaster contingency plan.
SEC. 138. SEC. 115. Section 8574.20
of the Government Code is amended to read:
8574.20. The Office of Emergency Services shall manage the
California Hazardous Substances Incident Response Training and
Education Program to provide approved classes in hazardous substance
response, taught by trained instructors, and to certify students who
have completed these classes. To carry out this program, the Office
of Emergency Services shall do all of the following:
(a) Adopt regulations necessary to implement the program.
(b) Establish a training and education program by developing the
curriculum to be used in the program in colleges, academies, the
California Specialized Training Institute, and other educational
institutions, as specified in Section 8574.21.
(c) Establish recommended minimum standards for training emergency
response personnel and instructors, including, but not limited to,
fire, police, and environmental health personnel.
(d) Make available a training and education program in the use of
hazardous substances emergency rescue, safety, and monitoring
equipment, on a voluntary basis, at the California Specialized
Training Institute.
(e) Train and certify instructors at the California Specialized
Training Institute according to standards and procedures developed by
the curriculum development advisory committee, as specified in
Section 8588.10.
(f) Approve classes, as meeting the requirements of the program,
if the classes meet the curriculum developed by the Office of
Emergency Services pursuant to Section 8574.21 and the instructor
received training and certification at the California Specialized
Training Institute, as specified in subdivision (e).
(g) Certify students who have successfully completed a class
approved as meeting the requirements of the program.
(h) Review and revise, as necessary, the program.
(i) Establish and collect admission fees and other fees that may
be necessary to be charged for advanced or specialized training given
at the California Specialized Training Institute. These fees shall
be used to offset costs incurred pursuant to this article.
SEC. 139. SEC. 116. Section 8574.21
of the Government Code is amended to read:
8574.21. (a) The Office of Emergency Services shall develop the
curriculum to be used in classes that meet the program requirements
and shall adopt standards and procedures for training instructors at
the California Specialized Training Institute.
(b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
(1) First responder training.
(2) On-scene manager training.
(3) Hazardous substance incident response training for management
personnel.
(4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
(5) Environmental monitoring.
(6) Hazardous substance release investigations.
(7) Hazardous substance incident response activities at ports.
(c) The curriculum development advisory committee described in
Section 8588.10 shall advise the Office of Emergency Services on the
development of course curricula and the standards and procedures
specified in subdivision (a). In advising the Office of Emergency
Services, the committee shall do the following:
(1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
(2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
(3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
(d) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
(e) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
California Highway Patrol may deem any training programs taught by
that employee to be equivalent to any training program meeting the
requirements established pursuant to this article.
SEC. 140. SEC. 117. Section 8574.22
of the Government Code is amended to read:
8574.22. The Office of Emergency Services may hire professional
and clerical staff pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2). However,
any person employed pursuant to this section shall be employed only
at the California Specialized Training Institute.
SEC. 141. SEC. 118. Section 8575 of
the Government Code is amended to read:
8575. For the purposes of the California Disaster and Civil
Defense Master Mutual Aid Agreement, the Office of Emergency Services
will serve as the State Disaster Council.
SEC. 142. SEC. 119. Section 8584.1
of the Government Code is amended to read:
8584.1. (a) It is the intent of the Legislature that the state
have an urban heavy rescue capability in the event of a major
earthquake. It is also the intent of the Legislature that the Office
of Emergency Services and the State Fire Marshal's Office pursue the
necessary funding to carry out this article through the normal budget
process.
(b) The Fire and Rescue Division of the Office of Emergency
Services shall acquire and maintain urban heavy rescue units and
transportable caches of search and rescue gear, including hand tools
and protective gear. The division shall position the units and caches
to ensure a rapid response of personnel and equipment anywhere in
the state, and ensure that a unit will be available on the scene
within one hour of a major earthquake.
(c) The State Fire Marshal's Office shall coordinate the training
of personnel in the use of the units and equipment in cooperation
with the Office of Emergency Services.
SEC. 143. SEC. 120. Section 8585 of
the Government Code is amended to read:
8585. (a) (1) There is in state government, within the office of
the Governor, the Office of Emergency Services. The Office of
Emergency Services shall be under the supervision of the Director of
Emergency Services, who shall have all rights and powers of a head of
an office as provided by this code, and shall be referred to as the
Director of Emergency Services.
(2) Unless the context clearly requires otherwise, whenever the
term "California Emergency Management Agency" appears in any statute,
regulation, or contract, or in any other code, it shall be construed
to refer to the Office of Emergency Services, and whenever the term
"Secretary of Emergency Management" or the "Secretary of the
Emergency Management Agency" appears in statute, regulation, or
contract, or in any other code, it shall be construed to refer to the
Director of Emergency Services.
(3) Unless the context clearly requires otherwise, whenever the
term "Director of Homeland Security" or "Office of Homeland Security"
appears in any statute, regulation, or contract, or in any other
code, it shall be construed to refer to the Office of Emergency
Services, and whenever the term "Director of Homeland Security" or
"Director of the Office of Homeland Security" appears in any statute,
regulation, or contract, or in any other code, it shall be construed
to refer to the Director of Emergency Services.
(b) (1) The Office of Emergency Services and the Director of
Emergency Services shall succeed to and are vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the California Emergency Management Agency and the Secretary of
Emergency Management, respectively.
(2) The Office of Emergency Services and the Director of Emergency
Services shall succeed to and are vested with all the duties,
powers, purposes, responsibilities, and jurisdiction vested in the
Office of Homeland Security and the Director of Homeland Security,
respectively.
(c) The Office of Emergency Services shall be considered a law
enforcement organization as required for receipt of criminal
intelligence information pursuant to subdivision (f) of Section 6254
by persons employed within the office whose duties and
responsibilities require the authority to access criminal
intelligence information.
(d) Persons employed by the Office of Emergency Services whose
duties and responsibilities require the authority to access criminal
intelligence information shall be furnished state summary criminal
history information as described in Section 11105 of the Penal Code,
if needed in the course of their duties.
(e) The Office of Emergency Services shall be responsible for the
state's emergency and disaster response services for natural,
technological, or manmade disasters and emergencies, including
responsibility for activities necessary to prevent, respond to,
recover from, and mitigate the effects of emergencies and disasters
to people and property.
(f) Notwithstanding any other law, nothing in this section shall
authorize an employee of the Office of Emergency Services to access
criminal intelligence information under subdivision (c) or (d) for
the purpose of determining eligibility for, or providing access to,
disaster-related assistance and services.
SEC. 144. SEC. 121. Section 8585.05
of the Government Code is amended to read:
8585.05. Unless the context otherwise requires, for purpose of
this article, the following definitions apply:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "California Emergency Management Agency" means the Office of
Emergency Services.
(c) "Director" or "secretary" means the Director of Emergency
Services.
SEC. 145. SEC. 122. Section 8585.1
of the Government Code is amended to read:
8585.1. (a) The director shall be appointed by, and hold office
at the pleasure of, the Governor. The appointment of the director is
subject to confirmation by the Senate. The director shall coordinate
all state disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and homeland
security activities.
(b) The director shall receive an annual salary as set forth in
Section 11552.
(c) The Governor may appoint a deputy director of the office. The
deputy director shall hold office at the pleasure of the Governor.
(d) All positions exempt from civil service that existed in the
predecessor agencies shall be transferred to the office.
(e) Neither state nor federal funds may be expended to pay the
salary or benefits of any deputy or employee who may be appointed by
the director or deputy director pursuant to Section 4 of Article VII
of the California Constitution.
SEC. 146. SEC. 123. Section 8585.2
of the Government Code is amended to read:
8585.2. (a) All employees serving in state civil service, other
than temporary employees, who are engaged in the performance of
functions transferred to the office or engaged in the administration
of law, the administration of which was vested in the former
California Emergency Management Agency, are transferred to the
office. The status, positions, and rights of those persons shall not
be affected by their transfer and shall continue to be retained by
them pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5), except as to positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all transferred employees shall be transferred
to the office.
(b) The property of any agency or department related to functions
formerly transferred to, or vested in the California Emergency
Management Agency, is transferred to the office. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(c) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law formerly transferred to the California
Emergency Management Agency shall be transferred to the office for
use for the purpose for which the appropriation was originally made
or the funds were originally available. If there is any doubt as to
where those balances and funds are transferred, the Department of
Finance shall determine where the balances and funds are transferred.
SEC. 147. SEC. 124. Section 8585.5
of the Government Code is amended to read:
8585.5. The office shall establish by rule and regulation various
classes of disaster service workers and the scope of the duties of
each class. The office shall also adopt rules and regulations
prescribing the manner in which disaster service workers of each
class are to be registered. All of the rules and regulations shall be
designed to facilitate the payment of workers' compensation.
SEC. 148. SEC. 125. Section 8585.7
of the Government Code is amended to read:
8585.7. The office may certify the accredited status of local
disaster councils, subject to the requirements of Section 8612.
SEC. 149. SEC. 126. Section 8586 of
the Government Code is amended to read:
8586. The Governor shall assign all or part of his or her powers
and duties under this chapter to the Office of Emergency Services.
SEC. 150. SEC. 127. Section 8587.7
of the Government Code is amended to read:
8587.7. (a) The Office of Emergency Services, in cooperation with
the State Department of Education, the Department of General
Services, and the Seismic Safety Commission, shall develop an
educational pamphlet for use by grades Kindergarten to 14 personnel
to identify and mitigate the risks posed by nonstructural earthquake
hazards.
(b) The office shall print and distribute the pamphlet to the
governing board of each school district and community college
district in the state, along with a copy of the current edition of
the office's school emergency response publication. The office shall
also make the pamphlet or the current edition of the office's school
emergency response publication available to a private elementary or
secondary school upon request.
(c) The office, as soon as feasible, shall make the pamphlet and
the current edition of the office's school emergency response
publication available by electronic means, including, but not limited
to, the Internet.
SEC. 151. SEC. 128. Section 8588 of
the Government Code is amended to read:
8588. Whenever conditions exist within any region or regions of
the state that warrant the proclamation by the Governor of a state of
emergency and the Governor has not acted under the provisions of
Section 8625, by reason of the fact that the Governor has been
inaccessible, the director may proclaim the existence of a state of
emergency in the name of the Governor as to any region or regions of
the state. Whenever the director has so proclaimed a state of
emergency, that action shall be ratified by the Governor as soon as
the Governor becomes accessible, and in the event the Governor does
not ratify the action, the Governor shall immediately terminate the
state of emergency as proclaimed by the director.
SEC. 152. SEC. 129. Section 8588.1
of the Government Code is amended to read:
8588.1. (a) The Legislature finds and declares that this state
can only truly be prepared for the next disaster if the public and
private sector collaborate.
(b) The office may, as appropriate, include private businesses and
nonprofit organizations within its responsibilities to prepare the
state for disasters under this chapter. All participation by
businesses and nonprofit associations in this program shall be
voluntary.
(c) The office may do any of the following:
(1) Provide guidance to business and nonprofit organizations
representing business interests on how to integrate private sector
emergency preparedness measures into governmental disaster planning
programs.
(2) Conduct outreach programs to encourage business to work with
governments and community associations to better prepare the
community and their employees to survive and recover from disasters.
(3) Develop systems so that government, businesses, and employees
can exchange information during disasters to protect themselves and
their families.
(4) Develop programs so that businesses and government can work
cooperatively to advance technology that will protect the public
during disasters.
(d) The office may share facilities and systems for the purposes
of subdivision (b) with the private sector to the extent the costs
for their use are reimbursed by the private sector.
(e) Proprietary information or information protected by state or
federal privacy laws shall not be disclosed under this program.
(f) Notwithstanding Section 11005, donations and private grants
may be accepted by the office and shall not be subject to Section
11005.
(g) The Disaster Resistant Communities Fund is hereby created in
the State Treasury. Upon appropriation by the Legislature, the office
may expend the money in the account for the costs associated within
this section.
(h) This section shall be implemented only to the extent that
in-kind contributions or donations are received from the private
sector, or grant funds are received from the federal government, for
these purposes.
SEC. 153. SEC. 130. Section 8588.2
of the Government Code is amended to read:
8588.2. (a) The office may establish a statewide registry of
private businesses and nonprofit organizations that are interested in
donating services, goods, labor, equipment, resources, or
dispensaries or other facilities to further the purposes of Section
8588.1.
(b) If the office establishes a statewide registry pursuant to
subdivision (a), the agency shall create and implement protocols and
procedures for inclusion onto the statewide registry that do, but are
not limited to, all of the following:
(1) Establish eligibility requirements for a private business or
nonprofit organization to be included on the statewide registry.
(2) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
provided at no cost to state governmental entities or the victims of
emergencies and disasters.
(3) Require the services, goods, labor, equipment, resources, or
dispensaries or other facilities donated by a private business or
nonprofit organization included on the statewide registry to be
safely collected, maintained, and managed.
(4) Require that federal, state, and local governmental entities
and nonprofit organizations that are engaged in assisting communities
prepare for, respond to, or recover from emergencies and disasters
have access to the statewide registry.
(c) A private business or nonprofit organization included on the
statewide registry shall reasonably determine all of the following:
(1) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities comply with all applicable federal
and state safety laws and licensing requirements.
(2) Donated services, goods, labor, equipment, resources, or
dispensaries or other facilities have not been altered, misbranded,
or stored under conditions contrary to the standards set forth under
federal or state laws or by the product manufacturer.
(3) Donated medicine shall be unopened, in tamper-resistant
packaging or modified unit dose containers that meet United States
Pharmacopeia standards, and show lot numbers and expiration dates.
Medicine that does not meet these standards shall not be donated.
SEC. 154. SEC. 131. Section 8588.3
of the Government Code is amended to read:
8588.3. (a) The Legislature finds and declares that it is the
responsibility of the State of California to protect and preserve the
right of its citizens to a safe and peaceful existence. To
accomplish this goal and to minimize the destructive impact of
disasters and other massive emergencies, the actions of numerous
public agencies must be coordinated to effectively manage all four
phases of emergency activity: preparedness, mitigation, response, and
recovery. In order to ensure that the state's response to disasters
or massive emergencies is effective, specialized training is
necessary.
(b) The California Specialized Training Institute of the office of
the Adjutant General is hereby transferred to the Office of
Emergency Services. The institute shall assist the Governor in
providing, pursuant to subdivision (f) of Section 8570, training to
state agencies, cities, and counties in their planning and
preparation for disasters.
(c) The
director may solicit, receive, and administer funds or property from
federal, state, or other public agency sources for the support and
operation of the institute.
(d) The director may solicit and receive firearms, other weaponry,
explosive materials, chemical agents, and other items confiscated by
or otherwise in the possession of law enforcement officers as
donations to the institute if he or she deems them to be appropriate
for the institute's training purposes.
(e) Any moneys received by the director from charges or fees
imposed in connection with the operation of the institute shall be
deposited in the General Fund.
SEC. 155. SEC. 132. Section 8588.5
of the Government Code is amended to read:
8588.5. To promote an increase in the number of trained disaster
search dog teams, the office shall do all of the following:
(a) Provide instruction to California disaster dog trainers in
Swiss techniques.
(b) Work to secure authorization to conduct training for disaster
search dog teams at existing facilities operated by the California
National Guard and the Department of Transportation on the grounds of
Camp San Luis Obispo.
(c) Engage in recruiting activities for the purpose of increasing
the number of disaster search dog teams in southern California.
(d) Reimburse disaster search dog handlers and instructors for the
costs of their travel and that of their dogs to training facilities
within California.
SEC. 156. SEC. 133. Section 8588.7
of the Government Code is amended to read:
8588.7. (a) The Office of Emergency Services shall procure mobile
communication translators to enable mutual-aid emergency response
agencies to communicate effectively while operating on incompatible
frequencies.
(b) Translators shall be located in the San Francisco Bay Area and
the Los Angeles metropolitan area, made ready for use by local
public safety officials by the Office of Emergency Services, and
provided to the appropriate state-established mutual-aid region
pursuant to Section 8600.
(c) The Office of Emergency Services shall implement this section
only to the extent that funds are appropriated to the office for this
purpose in the Budget Act or in other legislation.
SEC. 157. SEC. 134. Section 8588.10
of the Government Code is amended to read:
8588.10. (a) The director shall establish a Curriculum
Development Advisory Committee to advise the office on the
development of course curricula, as specified by the director.
(b) The committee shall be chaired by the director, who will
appoint members as appropriate. In appointing members to the
committee, the director shall include representatives from the
following:
(1) State public safety, health, first responder, and emergency
services departments or agencies, as deemed appropriate by the
director.
(2) Local first responder agencies.
(3) Local public safety agencies.
(4) Nonprofit organizations, as deemed appropriate by the
director.
(5) Any other state, local, tribal, or nongovernmental
organization determined by the director to be appropriate.
SEC. 158. SEC. 135. Section 8588.11
of the Government Code is amended to read:
8588.11. (a) The office shall contract with the California Fire
Fighter Joint Apprenticeship Program to develop a fire service
specific course of instruction on the responsibilities of first
responders to terrorism incidents. The course shall include the
criteria for the curriculum content recommended by the Curriculum
Development Advisory Committee established pursuant to Section
8588.10 to address the training needs of both of the following:
(1) Firefighters in conformance with the standards established by
the State Fire Marshal.
(2) Paramedics and other emergency medical services fire personnel
in conformance with the standards established by the Emergency
Medical Services Authority.
(b) The course of instruction shall be developed in consultation
with individuals knowledgeable about consequence management that
addresses the topics of containing and mitigating the impact of a
terrorist incident, including, but not limited to, a terrorist act
using hazardous materials, as well as weapons of mass destruction,
including any chemical warfare agent, weaponized biological agent, or
nuclear or radiological agent, as those terms are defined in Section
11417 of the Penal Code, by techniques including, but not limited
to, rescue, firefighting, casualty treatment, and hazardous materials
response and recovery.
(c) The contract shall provide for the delivery of training by the
California Fire Fighter Joint Apprenticeship Program through
reimbursement contracts with the state, local, and regional fire
agencies who may, in turn, contract with educational institutions.
(d) To maximize the availability and delivery of training, the
California Fire Fighter Joint Apprenticeship Program shall develop a
course of instruction to train the trainers in the presentation of
the first responder training of consequence management for fire
service personnel.
SEC. 159. SEC. 136. Section 8588.15
of the Government Code is amended to read:
8588.15. (a) The director shall appoint representatives of the
disabled community to serve on the evacuation, sheltering,
communication, recovery, and other pertinent Standardized Emergency
Management System committees, including one representative to the
Technical Working Group. Representatives of the disabled community
shall, to the extent practicable, be from the following groups:
(1) Persons who are blind or visually impaired.
(2) Persons with sensory or cognitive disabilities.
(3) Persons with physical disabilities.
(b) Within the Standardized Emergency Management System structure,
the director shall ensure, to the extent practicable, that the needs
of the disabled community are met by ensuring all committee
recommendations regarding preparedness, planning, and procedures
relating to emergencies include the needs of people with
disabilities.
(c) The director shall prepare and disseminate sample brochures
and other relevant materials on preparedness, planning, and
procedures relating to emergency evacuations that include the needs
of the disabled community, and shall work with nongovernmental
associations and entities to make them available in accessible
formats, including, but not limited to, Braille, large print, and
electronic media.
(d) The director and the State Fire Marshal's office shall seek
research funding to assist in the development of new technologies and
information systems that will assist in the evacuation of the groups
designated in subdivision (a) during emergency and disaster
situations.
(e) It is the intent of the Legislature for the purpose of
implementing this section and to the extent permitted by federal law,
that funds may be used from the Federal Trust Fund from funds
received from the federal Department of Homeland Security for
implementation of homeland security programs.
SEC. 160. SEC. 137. Section 8589 of
the Government Code is amended to read:
8589. The Office of Emergency Services shall be permitted the use
of all state and local fair properties as conditions require.
SEC. 161. SEC. 138. Section 8589.1
of the Government Code is amended to read:
8589.1. (a) The Office of Emergency Services shall plan to
establish the State Computer Emergency Data Exchange Program
(SCEDEP), which shall be responsible for collection and dissemination
of essential data for emergency management.
(b) Participating agencies in SCEDEP shall include the Department
of Water Resources, Department of Forestry and Fire Protection,
Department of the California Highway Patrol, Department of
Transportation, Emergency Medical Services Authority, the State Fire
Marshal, State Department of Public Health, and any other state
agency that collects critical data and information that affects
emergency response.
(c) It is the intent of the Legislature that the State Computer
Emergency Data Exchange Program facilitate communication between
state agencies and that emergency information be readily accessible
to city and county emergency services offices. The Office of
Emergency Services shall develop policies and procedures governing
the collection and dissemination of emergency information and shall
recommend or design the appropriate software and programs necessary
for emergency communications with city and county emergency services
offices.
SEC. 162. SEC. 139. Section 8589.2
of the Government Code is amended to read:
8589.2. (a) The Office of Emergency Services, in consultation
with the California Highway Patrol and other state and local
agencies, shall establish a statewide plan for the delivery of
hazardous material mutual aid.
(b) Within 180 days of the adoption of a plan by the Office of
Emergency Services, an entity shall only be considered a candidate
for training or equipment funds provided by the state for hazardous
material emergency response when that entity is a signatory to the
plan established under this section.
(1) For the purpose of this chapter "hazardous material emergency
response" includes, but is not limited to, assessment, isolation,
stabilization, containment, removal, evacuation, neutralization,
transportation, rescue procedures, or other activities necessary to
ensure the public safety during a hazardous materials emergency.
(2) For the purpose of this chapter, "hazardous material" is
defined as in Section 25501 of the Health and Safety Code.
(c) Entities providing hazardous material emergency response
services under this chapter shall be exempt from the fee restriction
of Section 6103.
SEC. 163. SEC. 140. Section 8589.5
of the Government Code is amended to read:
8589.5. (a) Inundation maps showing the areas of potential
flooding in the event of sudden or total failure of any dam, the
partial or total failure of which the Office of Emergency Services
determines, after consultation with the Department of Water
Resources, would result in death or personal injury, shall be
prepared and submitted as provided in this subdivision within six
months after the effective date of this section, unless previously
submitted or unless the time for submission of those maps is extended
for reasonable cause by the Office of Emergency Services. The local
governmental organization, utility, or other public or private owner
of any dam so designated shall submit to the Office of Emergency
Services one map that shall delineate potential flood zones that
could result in the event of dam failure when the reservoir is at
full capacity, or if the local governmental organization, utility, or
other public or private owner of any dam shall determine it to be
desirable, he or she shall submit three maps that shall delineate
potential flood zones that could result in the event of dam failure
when the reservoir is at full capacity, at median-storage level, and
at normally low-storage level. After submission of copies of the map
or maps, the Office of Emergency Services shall review the map or
maps, and shall return any map or maps that do not meet the
requirements of this subdivision, together with recommendations
relative to conforming to the requirements. Maps rejected by the
Office of Emergency Services shall be revised to conform to those
recommendations and resubmitted. The Office of Emergency Services
shall keep on file those maps that conform to the provisions of this
subdivision. Maps approved pursuant to this subdivision shall also be
kept on file with the Department of Water Resources. The owner of a
dam shall submit final copies of those maps to the Office of
Emergency Services that shall immediately submit identical copies to
the appropriate public safety agency of any city, county, or city and
county likely to be affected.
(b) (1) Based upon a review of inundation maps submitted pursuant
to subdivision (a) or based upon information gained by an onsite
inspection and consultation with the affected local jurisdiction when
the requirement for an inundation map is waived pursuant to
subdivision (d), the Office of Emergency Services shall designate
areas within which death or personal injury would, in its
determination, result from the partial or total failure of a dam. The
appropriate public safety agencies of any city, county, or city and
county, the territory of which includes any of those areas, may adopt
emergency procedures for the evacuation and control of populated
areas below those dams. The Office of Emergency Services shall review
the procedures to determine whether adequate public safety measures
exist for the evacuation and control of populated areas below the
dams, and shall make recommendations with regard to the adequacy of
those procedures to the concerned public safety agency. In conducting
the review, the Office of Emergency Services shall consult with
appropriate state and local agencies.
(2) Emergency procedures specified in this subdivision shall
conform to local needs, and may be required to include any of the
following elements or any other appropriate element, in the
discretion of the Office of Emergency Services:
(A) Delineation of the area to be evacuated.
(B) Routes to be used.
(C) Traffic control measures.
(D) Shelters to be activated for the care of the evacuees.
(E) Methods for the movement of people without their own
transportation.
(F) Identification of particular areas or facilities in the flood
zones that will not require evacuation because of their location on
high ground or similar circumstances.
(G) Identification and development of special procedures for the
evacuation and care of people from unique institutions.
(H) Procedures for the perimeter and interior security of the
area, including such things as passes, identification requirements,
and antilooting patrols.
(I) Procedures for the lifting of the evacuation and reentry of
the area.
(J) Details as to which organizations are responsible for the
functions described in this paragraph and the material and personnel
resources required.
(3) It is the intent of the Legislature to encourage each agency
that prepares emergency procedures to establish a procedure for their
review every two years.
(c) "Dam," as used in this section, has the same meaning as
specified in Sections 6002, 6003, and 6004 of the Water Code.
(d) Where both of the following conditions exist, the Office of
Emergency Services may waive the requirement for an inundation map:
(1) Where the effects of potential inundation in terms of death or
personal injury, as determined through onsite inspection by the
Office of Emergency Services in consultation with the affected local
jurisdictions, can be ascertained without an inundation map.
(2) Where adequate evacuation procedures can be developed without
benefit of an inundation map.
(e) If development should occur in any exempted area after a
waiver has been granted, the local jurisdiction shall notify the
Office of Emergency Services of that development. All waivers shall
be reevaluated every two years by the Office of Emergency Services.
(f) A notice may be posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map, and of any information received by the county
subsequent to the receipt of the map regarding changes to inundation
areas within the county.
SEC. 164. SEC. 141. Section 8589.6
of the Government Code is amended to read:
8589.6. (a) The Office of Emergency Services shall develop model
guidelines for local government agencies and community-based
organizations planning to develop a disaster registry program.
Adoption of the model guidelines shall be voluntary. Local
governmental agencies or community-based organizations wishing to
establish a disaster registry program may consult with the Office of
Emergency Services for further guidance.
(b) The guidelines required by subdivision (a) shall address, at a
minimum, all of the following issues:
(1) A purpose statement specifying that the intent of the registry
is not to provide immediate assistance during a local, state, or
national disaster, to those who are registered, but to encourage that
those registered will receive a telephone call or visit from
neighborhood disaster volunteers or other organizations specified in
the final local plan as soon as possible after the disaster in order
to check on their well-being and ask if they need assistance. This
statement shall also specify that persons registered should be
prepared to be self-sufficient for at least 72 hours.
(2) A list of persons eligible for the registry. This list shall
include, but not be limited to, disabled persons, including those
with developmental disabilities, the elderly, those for whom English
is not a first language, persons who are unskilled or deficient in
the English language, long-term health care facilities, residential
community care facilities, and residential care facilities for the
elderly.
(3) A statement specifying that the party responsible for
responding to those registered will not be held liable for not
responding.
(4) A plan for ensuring that hard data is available if computers
shut down.
(5) A recommendation for those persons or organizations that would
be appropriate to respond to persons on the disaster registry, and a
plan for training the responsible party.
(6) A plan for community outreach to encourage those eligible to
participate.
(7) A plan for distribution of preparedness materials to those
eligible to participate in the disaster registry.
(8) Recommendations and assistance for obtaining federal and state
moneys to establish a disaster registry.
(9) A recommendation that organizations currently providing
services to persons who are eligible for the disaster registry
program be encouraged to alter their information form to include a
space on the form where the person has the option of registering for
the program. By checking the box and giving approval to be registered
for the program the person waives confidentiality rights. Despite
this waiver of confidentiality rights, local government agencies and
community-based organizations planning to develop a disaster registry
are encouraged to do everything possible to maintain the
confidentiality of their registries. Organizations that currently
have lists of people who would be eligible to register for the
program should be encouraged to share this information with persons
establishing a disaster registry.
SEC. 165. SEC. 142. Section 8589.7
of the Government Code is amended to read:
8589.7. (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the Office of Emergency Services
shall serve as the central point in state government for the
emergency reporting of spills, unauthorized releases, or other
accidental releases of hazardous materials and shall 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. The Office of
Emergency Services is the only state entity required to make the
notification required by subdivision (b).
(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, or
concerning a rupture of, or an explosion or fire involving, a
pipeline reportable pursuant to Section 51018, the Office of
Emergency Services shall immediately inform the following agencies of
the incident:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
Office of Emergency Services shall inform the administrator for oil
spill response, the State Lands Commission, the California Coastal
Commission, and the California regional water quality control board
having jurisdiction over the location of the discharged oil.
(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the Office of Emergency
Services shall inform the State Fire Marshal.
(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the Office of Emergency Services shall inform the
appropriate California regional water quality control board.
(4) For a spill or other release of petroleum reportable pursuant
to Section 25270.8 of the Health and Safety Code, the Office of
Emergency Services shall inform the local administering agency that
has jurisdiction over the spill or release.
(5) For a crude oil spill reportable pursuant to Section 3233 of
the Public Resources Code, the Office of Emergency Services shall
inform the Division of Oil, Gas, and Geothermal Resources and the
appropriate California regional water quality control board.
(c) This section does not relieve a person who is responsible for
an incident specified in subdivision (b) from the duty to make an
emergency notification to a local agency, or the 911 emergency
system, under any other law.
(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency and each local administering agency shall notify
the Office of Emergency Services and businesses in their
jurisdiction of the appropriate emergency telephone number that can
be used for emergency notification to the administering agency on a
24-hour basis. The administering agency shall notify other local
agencies of releases or threatened releases within their
jurisdiction, as appropriate.
(e) No facility, owner, operator, or other person required to
report an incident specified in subdivision (b) to the Office of
Emergency Services shall be liable for any failure of the Office of
Emergency Services to make a notification required by this section or
to accurately transmit the information reported.
SEC. 166. SEC. 143. Section 8589.9
of the Government Code is amended to read:
8589.9. (a) The Legislature finds and declares that there is a
growing need to find new ways to acquire firefighting apparatus and
equipment for use by local agencies. Local agencies, particularly
those that serve rural areas, have had, and are likely to continue to
have, difficulty acquiring firefighting apparatus and equipment. The
Legislature further finds and declares that this situation presents
a statewide problem for the protection of the public safety.
(b) In enacting this article, the Legislature intends to create
new ways for the Office of Emergency Services to help local agencies
acquire firefighting apparatus and equipment. Through the
identification of available apparatus and equipment, the acquisition
of new and used apparatus and equipment, the refurbishing and resale
of used apparatus and equipment, and assisting the financing of
resales, the Office of Emergency Services will help local agencies
meet public safety needs.
SEC. 167. SEC. 144. Section 8589.10
of the Government Code is amended to read:
8589.10. As used in this article:
(a) "Acquire" means acquisition by purchase, grant, gift, or any
other lawful means.
(b) "Office" means the Office of Emergency Services.
(c) "Firefighting apparatus and equipment" means any vehicle and
its associated equipment that is designed and intended for use
primarily for firefighting. "Firefighting apparatus and equipment"
does not include vehicles that are designed and intended for use
primarily for emergency medical services, rescue services,
communications and command operations, or hazardous materials
operations.
(d) "Indirect expenses" means those items that are identified as
indirect costs in the federal Office of Management and Budget,
Circular A-87 on January 1, 1985.
(e) "Local agency" means any city, county, special district, or
any joint powers agency composed exclusively of those agencies, that
provides fire suppression services. "Local agency" also includes a
fire company organized pursuant to Part 4 (commencing with Section
14825) of Division 12 of the Health and Safety Code.
(f) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Director" means the Director of Emergency Services.
SEC. 168. SEC. 145. Section 8589.11
of the Government Code is amended to read:
8589.11. The office may acquire new or used firefighting
apparatus and equipment for resale to local agencies. If the
apparatus or equipment is in a used condition, the office may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's cost of
acquisition, repairing, refurbishing, and associated indirect
expenses.
SEC. 169. SEC. 146. Section 8589.12
of the Government Code is amended to read:
8589.12. If a state agency, including the office, proposes to
make firefighting apparatus or equipment which is currently owned and
operated by the state available to the office for use under this
article, the Department of General Services shall determine whether
there is any immediate need by any state agency for the apparatus or
equipment. If there is no immediate need, the Department of General
Services shall release the apparatus or equipment to the office. If
the office acquires firefighting apparatus or equipment from another
state agency, the office shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the state agency agrees to a lesser payment.
SEC. 170. SEC. 147. Section 8589.13
of the Government Code is amended to read:
8589.13. (a) The office shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The office shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the office to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the office may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office may insure
the other loan.
SEC. 171. SEC. 148. Section 8589.14
of the Government Code is amended to read:
8589.14. The office shall operate an information system which is
capable of identifying firefighting apparatus and equipment which is
available for acquisition, and local agencies which are interested in
acquiring apparatus and equipment.
SEC. 172. SEC. 149. Section 8589.15
of the Government Code is amended to read:
8589.15. The office may contract with the Prison Industry
Authority to perform any of the responsibilities or services required
or authorized by this article.
SEC. 173. SEC. 150. Section 8589.16
of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office for the purposes
of Sections 8589.11 and 8589.13. All proceeds from the resale of
firefighting apparatus and equipment shall be paid to the account.
SEC. 174. SEC. 151. Section 8589.17
of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office.
SEC. 175. SEC. 152. Section 8589.18
of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office may either
renegotiate the contract or take possession of the apparatus or
equipment for subsequent resale to another local agency.
SEC. 176. SEC. 153. Section 8589.19
of the Government Code is amended to read:
8589.19. (a) After consultation with the California Emergency
Management Agency Fire Advisory Committee, hereafter to be referred
to as the Office of Emergency Services Fire Advisory
Committee, the director shall adopt rules and regulations governing
the operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which may be acquired, rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies, which shall give
preference to local agencies which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 177. SEC. 154. Section 8589.20
of the Government Code is amended to read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office in implementing the programs created by
this article.
SEC. 178. SEC. 155. Section 8589.21
of the Government Code is amended to read:
8589.21. The director shall be responsible for the programs
created by this article which, except as provided by Sections 8589.12
and 8589.15, shall not be subject to the requirements of the State
Equipment Council or the Office of Fleet Administration of the
Department of General Services.
SEC. 179. SEC. 156. Section 8590.1
of the Government Code is amended to read:
8590.1. As used in this article, the following terms have the
following meanings:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "Local agency" means any city, county, city and county, fire
district, special district, or joint powers agency that provides fire
suppression services. "Local agency" also includes a fire company
organized pursuant to Part 4 (commencing with Section 14825) of
Division 12 of the Health and Safety Code.
(c) "Secretary" or "director" means the Director of Emergency
Services.
(d) "State agency" means any state agency providing residential or
institutional fire protection, including, but not limited to, the
Department of Forestry and Fire Protection.
SEC. 180. SEC. 157. Section 8590.2
of the Government Code is amended to read:
8590.2. There is established in the office a thermal imaging
equipment purchasing program under which the office shall acquire
firefighting thermal imaging equipment on behalf of local and state
agencies that are interested in obtaining this equipment.
SEC. 181. SEC. 158. Section 8590.3
of the Government Code is amended to read:
8590.3. In administering the purchasing program, the director
shall do all of the following:
(a) No later than 45 days after the effective date of this
article, establish an advisory committee, which shall be comprised of
representatives of organizations including, but not limited to, the
California Fire Chiefs Association, the Fire Districts Association of
California, the California Professional Firefighters, the CDF
Firefighters, and the California State Firefighters Association, Inc.
The committee shall meet no later than 30 days after all members are
appointed.
(b) Consult with the advisory committee regarding equipment
specifications and other matters relating to the acquisition of
thermal imaging equipment, and require the advisory committee to
formulate specifications no later than 120 days after its initial
meeting.
(c) Notify all local and state agencies about the purchasing
program, including the opportunity to purchase additional units at
the contract price, and determine whether those agencies are
interested in obtaining thermal imaging equipment.
(d) Purchase thermal imaging equipment at the lowest possible
price from a reliable vendor that meets specified requirements. It is
the intent of the Legislature that the director enter into a
multiyear contract for this purpose no later than 180 days after the
committee formulates specifications pursuant to subdivision (b).
(e) Include a provision in the vendor contract allowing any local
or state agency to purchase additional units directly from the vendor
at the contract price.
(f) Any local agency that elects to participate in the thermal
imaging equipment purchasing program shall pay one-half of the
contract price for each piece of equipment purchased on its behalf by
the state.
SEC. 182. SEC. 159. Section 8590.4 of
the Government Code is amended to read:
8590.4. (a) The director shall seek funding for the program from
the private sector, grant programs, and other appropriate sources.
(b) The director, after consultation with the advisory commission,
shall distribute equipment purchased under the program in order to
maximize its utilization by firefighters based on consideration of
the following factors:
(1) Ability to share or move the equipment to fire locations.
(2) Availability of existing thermal imaging equipment.
(3) Geography.
(4) Need based on frequency of fires.
SEC. 183. SEC. 160. Section 8591 of
the Government Code is amended to read:
8591. Nothing in this chapter shall operate to prevent the
Governor or the Office of Emergency Services from formally
recognizing committees or boards established by or with segments of
the private sector, public agencies, or both the private sector and
public agencies, that control facilities, resources, or the provision
of services essential to the mitigation of the effects of an
emergency or recovery therefrom, or from assigning administrative
authority or responsibility to those committees or boards or to
members thereof with respect to the provision and effective
utilization of those resources to meet needs resulting from an
emergency.
SEC. 184. Section 8592.1 of the Government Code
is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and that
consists of representatives of the following state entities:
(1) The Office of Emergency Services, whose director or his or her
representative shall serve as chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of Technology.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 161. Section 8592.1 of the
Government Code , as amended by Assembly Bill 76 of the
2013-14 Regular Session, is amended to read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, that was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and that
consists of representatives of the following state entities:
(1) The Office of Emergency Services, who
whose director, or his or her representative, shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Wildlife.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of Technology.
(13) The Military Department.
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early stages of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 185. Section 8592.5 of the Government Code
is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Association of Public-Safety Communications Officials,
Inc., National Association of State Telecommunications Directors,
and agencies of the federal government, commonly referred to as
"APCO/NASTD/FED."
(2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either of the
following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Department of Technology.
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.
SEC. 186. Section 8592.7 of the Government Code
is amended to read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.
(c) The Department of Technology shall review the plans submitted
pursuant to subdivision (a) for consistency with the technical
requirements of the statewide integrated public safety communication
strategic plan included in the annual report required pursuant to
Section 8592.6.
SEC. 187. SEC. 162. Section 8593 of
the Government Code is amended to read:
8593. The Office of Emergency Services shall work with advocacy
groups representing the deaf and hearing impaired, including, but not
limited to, the California Association of the Deaf and the Coalition
of Deaf Access Providers, California television broadcasters, city
and county emergency services coordinators, and, as appropriate, the
Federal Emergency Management Agency and the Federal Communications
Commission, to improve communication with deaf and hearing-impaired
persons during emergencies, including the use of open captioning by
California television broadcasters when transmitting emergency
information.
SEC. 188. SEC. 163. Section 8593.1
of the Government Code is amended to read:
8593.1. The Office of Emergency Services shall investigate the
feasibility of, and the funding requirements for, establishing a
"Digital Emergency Broadcast System" network, to be used by local and
state government agencies for the provision of warnings and
instructions in digital or printed form to California broadcast
outlets for relay to the public both orally and visually, through
television, and orally, through radio, during emergencies.
SEC. 189. SEC. 164. Section 8593.2
of the Government Code is amended to read:
8593.2. The Office of Emergency Services shall investigate the
feasibility of establishing a toll-free 800 telephone hotline,
including TDD (telecommunications device for the deaf) accessibility,
which would be accessible to the public, including deaf,
hearing-impaired, and non-English speaking persons, for use during
nonemergency and emergency periods to respond to inquiries about
emergency preparedness and disaster status.
SEC. 190. SEC. 165. Section 8593.6
of the Government Code is amended to read:
8593.6. (a) No later than six months after securing funding for
the purposes of this section, the Director of Emergency Services
shall convene a working group for the purpose of assessing existing
and future technologies available in the public and private sectors
for the expansion of transmission of emergency alerts to the public
through a public-private partnership. The working group shall advise
the secretary and assist in the development of policies, procedures,
and protocols that will lay the framework for an improved warning
system for the public.
(b) (1) The working group shall consist of the following
membership, to be appointed by the director:
(A) A representative of the Office of Emergency Services.
(B) A representative of the Attorney General's office.
(C) A representative of the State Department of Public Health.
(D) A representative of the State Emergency Communications
Committee.
(E) A representative of the Los Angeles County Office of Emergency
Management, at the option of that agency.
(F) A representative or representatives of local government, at
the option of the local government or governments.
(G) Representatives of the private sector who possess technology,
experience, or insight that will aid in the development of a
public-private partnership to expand an alert system to the public,
including, but not limited to, representatives of providers of mass
communication systems, first responders, and broadcasters.
(H) Additional representatives of any public or private entity as
deemed appropriate by the director.
(2) In performing its duties, the working group shall consult with
the Federal Communications Commission, and with respect to grants
and fiscal matters, the Office of Emergency Services.
(c) The working group shall consider and make recommendations with
respect to all of the following:
(1) Private and public programs, including pilot projects that
attempt to integrate a public-private partnership to expand an alert
system.
(2) Protocols, including formats, source or originator
identification, threat severity, hazard description, and response
requirements or recommendations, for alerts to be transmitted via an
alert system that ensures that alerts are capable of being utilized
across the broadest variety of communication technologies, at state
and local levels.
(3) Protocols and guidelines to prioritize assurance of the
greatest level of interoperability for first responders and families
of first responders.
(4) Procedures for verifying, initiating, modifying, and canceling
alerts transmitted via an alert system.
(5) Guidelines for the technical capabilities of an alert system.
(6) Guidelines for technical capability that provides for the
priority transmission of alerts.
(7) Guidelines for other capabilities of an alert system.
(8) Standards for equipment and technologies used by an alert
system.
(9) Cost estimates.
(10) Standards and protocols in accordance with, or in
anticipation of, Federal Communications Commission requirements and
federal statutes or regulations.
(11) Liability issues.
(d) The director may accept private monetary or in-kind donations
for the purposes of this section.
SEC. 191. SEC. 166. Section 8596 of
the Government Code is amended to read:
8596. (a) Each department, division, bureau, board, commission,
officer, and employee of this state shall render all possible
assistance to the Governor and to the Director of Emergency Services
in carrying out this chapter.
(b) In providing that assistance, state agencies shall cooperate
to the fullest possible extent with each other and with political
subdivisions, relief agencies, and the American National Red Cross,
but nothing contained in this chapter shall be construed to limit or
in any way affect the responsibilities of the American National Red
Cross under the federal act approved January 5, 1905 (33 Stat. 599),
as amended.
(c) Entities providing disaster-related services and assistance
shall strive to ensure that all victims receive the assistance that
they need and for which they are eligible. Public employees shall
assist evacuees and other individuals in securing disaster-related
assistance and services without eliciting any information or document
that is not strictly necessary to determine eligibility under state
and federal laws. Nothing in this subdivision shall prevent public
employees from taking reasonable steps to protect the health or
safety of evacuees and other individuals during an emergency.
(d) State personnel, equipment, and facilities may be used to
clear and dispose of debris on private property only after the
Governor finds: (1) that the use is for a state purpose; (2) that the
use is in the public interest, serving the general welfare of the
state; and (3) that the personnel, equipment, and facilities are
already in the emergency area.
SEC. 192. SEC. 167. Section 8599 of
the Government Code is amended to read:
8599. The Office of Emergency Services shall develop a plan for
state and local governmental agencies to utilize volunteer resources
during a state of emergency proclaimed by the Governor. The office
shall consult with appropriate state and local governmental agencies
and volunteer organizations in the development of this plan.
SEC. 193. SEC. 168. Section 8600 of
the Government Code is amended to read:
8600. The Governor with the advice of the Office of Emergency
Services is hereby authorized and empowered to divide the state into
mutual aid regions for the more effective application,
administration, and coordination of mutual aid and other
emergency-related activities.
SEC. 194. SEC. 169. Section 8607 of
the Government Code is amended to read:
8607. (a) The Office of Emergency Services, in coordination with
all interested state agencies with designated response roles in the
state emergency plan and interested local emergency management
agencies shall jointly establish by regulation a standardized
emergency management system for use by all emergency response
agencies. The public water systems identified in Section 8607.2 may
review and comment on these regulations prior to adoption. This
system shall be applicable, but not limited to, those emergencies or
disasters referenced in the state emergency plan. The standardized
emergency management system shall include all of the following
systems as a framework for responding to and managing emergencies and
disasters involving multiple jurisdictions or multiple agency
responses:
(1) The Incident Command Systems adapted from the systems
originally developed by the FIRESCOPE Program, including those
currently in use by state agencies.
(2) The
multiagency coordination system as developed by the FIRESCOPE
Program.
(3) The mutual aid agreement, as defined in Section 8561, and
related mutual aid systems such as those used in law enforcement,
fire service, and coroners operations.
(4) The operational area concept, as defined in Section 8559.
(b) Individual agencies' roles and responsibilities agreed upon
and contained in existing laws or the state emergency plan are not
superseded by this article.
(c) The Office of Emergency Services, in coordination with the
State Fire Marshal's office, the Department of the California Highway
Patrol, the Commission on Peace Officer Standards and Training, the
Emergency Medical Services Authority, and all other interested state
agencies with designated response roles in the state emergency plan,
shall jointly develop an approved course of instruction for use in
training all emergency response personnel, consisting of the concepts
and procedures associated with the standardized emergency management
system described in subdivision (a).
(d) All state agencies shall use the standardized emergency
management system as adopted pursuant to subdivision (a), to
coordinate multiple jurisdiction or multiple agency emergency and
disaster operations.
(e) (1) Each local agency, in order to be eligible for any funding
of response-related costs under disaster assistance programs, shall
use the standardized emergency management system as adopted pursuant
to subdivision (a) to coordinate multiple jurisdiction or multiple
agency operations.
(2) Notwithstanding paragraph (1), local agencies shall be
eligible for repair, renovation, or any other nonpersonnel costs
resulting from an emergency.
(f) The Office of Emergency Services shall, in cooperation with
involved state and local agencies, complete an after-action report
within 120 days after each declared disaster. This report shall
review public safety response and disaster recovery activities and
shall be made available to all interested public safety and emergency
management organizations.
SEC. 195. SEC. 170. Section 8607.2
of the Government Code is amended to read:
8607.2. (a) All public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000 or
more service connections shall review and revise their disaster
preparedness plans in conjunction with related agencies, including,
but not limited to, local fire departments and the Office of
Emergency Services to ensure that the plans are sufficient to address
possible disaster scenarios. These plans should examine and review
pumping station and distribution facility operations during an
emergency, water pressure at both pumping stations and hydrants, and
whether there is sufficient water reserve levels and alternative
emergency power, including, but not limited to, onsite backup
generators and portable generators.
(b) All public water systems, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code, with 10,000 or more
service connections following a declared state of emergency shall
furnish an assessment of their emergency response and recommendations
to the Legislature within six months after each disaster, as well as
implementing the recommendations in a timely manner.
(c) The Office of Emergency Services shall establish appropriate
and insofar as practical, emergency response and recovery plans,
including mutual aid plans, in coordination with public water
systems, as defined in subdivision (f) of Section 116275 of the
Health and Safety Code, with 10,000 or more service connections.
SEC. 196. SEC. 171. Section 8608 of
the Government Code is amended to read:
8608. The Office of Emergency Services shall approve and adopt,
and incorporate the California Animal Response Emergency System
(CARES) program developed under the oversight of the Department of
Food and Agriculture into the standardized emergency management
system established pursuant to subdivision (a) of Section 8607.
SEC. 197. SEC. 172. Section 8610 of
the Government Code is amended to read:
8610. Counties, cities and counties, and cities may create
disaster councils by ordinance. A disaster council shall develop
plans for meeting any condition constituting a local emergency or
state of emergency, including, but not limited to, earthquakes,
natural or manmade disasters specific to that jurisdiction, or state
of war emergency; those plans shall provide for the effective
mobilization of all of the resources within the political
subdivision, both public and private. The disaster council shall
supply a copy of any plans developed pursuant to this section to the
Office of Emergency Services. The governing body of a county, city
and county, or city may, in the ordinance or by resolution adopted
pursuant to the ordinance, provide for the organization, powers and
duties, divisions, services, and staff of the emergency organization.
The governing body of a county, city and county, or city may, by
ordinance or resolution, authorize public officers, employees, and
registered volunteers to command the aid of citizens when necessary
in the execution of their duties during a state of war emergency, a
state of emergency, or a local emergency.
Counties, cities and counties, and cities may enact ordinances and
resolutions and either establish rules and regulations or authorize
disaster councils to recommend to the director of the local emergency
organization rules and regulations for dealing with local
emergencies that can be adequately dealt with locally; and further
may act to carry out mutual aid on a voluntary basis and, to this
end, may enter into agreements.
SEC. 198. SEC. 173. Section 8610.3
of the Government Code is amended to read:
8610.3. The Legislature hereby finds and declares as follows:
(a) The Office of Emergency Services, in consultation with the
State Department of Health Care Services and affected
counties, investigated the consequences of a serious nuclear
powerplant accident for each of the nuclear powerplants in California
with a generating capacity of 50 megawatts or more.
(b) This study culminated in the establishment of emergency
planning zones for nuclear powerplant emergency preparedness.
(c) All state and local government nuclear powerplant emergency
response plans have been revised to reflect the information provided
in the study.
SEC. 199. SEC. 174. Section 8610.5
of the Government Code is amended to read:
8610.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Agency" or "office" means the Office of Emergency Services.
(2) "Previous fiscal year" means the fiscal year immediately prior
to the current fiscal year.
(3) "Utility" means an "electrical corporation" as defined in
Section 218 of the Public Utilities Code, and "utilities" means more
than one electrical corporation.
(b) (1) State and local costs to carry out activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of Part 9
of Division 104 of the Health and Safety Code that are not
reimbursed by federal funds shall be borne by utilities operating
nuclear powerplants with a generating capacity of 50 megawatts or
more.
(2) The Public Utilities Commission shall develop and transmit to
the office an equitable method of assessing the utilities operating
the powerplants for their reasonable pro rata share of state agency
costs specified in paragraph (1).
(3) Each local government involved shall submit a statement of its
costs specified in paragraph (1), as required, to the office.
(4) Upon each utility's notification by the office, from time to
time, of the amount of its share of the actual or anticipated state
and local agency costs, the utility shall pay this amount to the
Controller for deposit in the Nuclear Planning Assessment Special
Account, which is continued in existence, for allocation by the
Controller, upon appropriation by the Legislature, to carry out
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code. The Controller shall pay from this account the state and local
costs relative to carrying out this section and Chapter 4 (commencing
with Section 114650) of Part 9 of Division 104 of the Health and
Safety Code, upon certification thereof by the office.
(5) Upon appropriation by the Legislature, the Controller may
disburse up to 80 percent of a fiscal year allocation from the
Nuclear Planning Assessment Special Account, in advance, for
anticipated local expenses, as certified by the agency pursuant to
paragraph (4). The office shall review program expenditures related
to the balance of funds in the account and the Controller shall pay
the portion, or the entire balance, of the account, based upon those
approved expenditures.
(c) (1) The total annual disbursement of state costs from the
utilities operating the nuclear powerplants within the state for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, shall not exceed the lesser of the actual costs or the maximum
funding levels established in this section, subject to subdivisions
(e) and (f), to be shared equally among the utilities.
(2) Of the annual amount of two million forty-seven thousand
dollars ($2,047,000) for the 2009-10 fiscal year, the sum of one
million ninety-four thousand dollars ($1,094,000) shall be for
support of the office for activities pursuant to this section and
Chapter 4 (commencing with Section 114650) of Part 9 of Division 104
of the Health and Safety Code, and the sum of nine hundred
fifty-three thousand dollars ($953,000) shall be for support of the
State Department of Public Health for activities pursuant to this
section and Chapter 4 (commencing with Section 114650) of Part 9 of
Division 104 of the Health and Safety Code.
(d) (1) The total annual disbursement for each fiscal year,
commencing July 1, 2009, of local costs from the utilities shall not
exceed the lesser of the actual costs or the maximum funding levels
established in this section, in support of activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of Part 9
of Division 104 of the Health and Safety Code. The maximum annual
amount available for disbursement for local costs, subject to
subdivisions (e) and (f), shall, for the fiscal year beginning July
1, 2009, be one million seven hundred thirty-two thousand dollars
($1,732,000) for the Diablo Canyon site and one million six hundred
thousand dollars ($1,600,000) for the San Onofre site.
(2) The amounts paid by the utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities Commission.
(e) (1) Except as provided in paragraph (2), the amounts available
for disbursement for state and local costs as specified in this
section shall be adjusted and compounded each fiscal year by the
percentage increase in the California Consumer Price Index of the
previous fiscal year.
(2) For the Diablo Canyon site, the amounts available for
disbursement for state and local costs as specified in this section
shall be adjusted and compounded each fiscal year by the larger of
the percentage change in the prevailing wage for San Luis Obispo
County employees, not to exceed 5 percent, or the percentage increase
in the California Consumer Price Index from the previous fiscal
year.
(f) Through the inoperative date specified in subdivision (g), the
amounts available for disbursement for state and local costs as
specified in this section shall be cumulative biennially. Any
unexpended funds from a year shall be carried over for one year. The
funds carried over from the previous year may be expended when the
current year's funding cap is exceeded.
(g) This section shall become inoperative on July 1, 2019, and, as
of January 1, 2020, is repealed, unless a later enacted statute,
which becomes effective on or before July 1, 2019, deletes or extends
the dates on which it becomes inoperative and is repealed.
(h) Upon inoperation of this section, any amounts remaining in the
special account shall be refunded pro rata to the utilities
contributing thereto, to be credited to the utility's ratepayers.
SEC. 200. SEC. 175. Section 8612 of
the Government Code is amended to read:
8612. Any disaster council that both agrees to follow the rules
and regulations established by the Office of Emergency Services
pursuant to Section 8585.5 and substantially complies with those
rules and regulations shall be certified by the office. Upon that
certification, and not before, the disaster council becomes an
accredited disaster council.
SEC. 201. SEC. 176. Section 8613 of
the Government Code is amended to read:
8613. Should an accredited disaster council fail to comply with
the rules and regulations of the Office of Emergency Services in any
material degree, the office may revoke its certification and, upon
the act of revocation, the disaster council shall lose its accredited
status. It may again become an accredited disaster council in the
same manner as is provided for a disaster council that has not
previously been accredited.
SEC. 202. SEC. 177. Section 8614 of
the Government Code is amended to read:
8614. (a) Each department, division, bureau, board, commission,
officer, and employee of each political subdivision of the state
shall render all possible assistance to the Governor and to the
Director of Emergency Services in carrying out this chapter.
(b) The emergency power that may be vested in a local public
official during a state of war emergency or a state of emergency
shall be subject or subordinate to the powers vested in the Governor
under this chapter when exercised by the Governor.
(c) Ordinances, orders, and regulations of a political subdivision
shall continue in effect during a state of war emergency or a state
of emergency, except as to any provision suspended or superseded by
an order or regulation issued by the Governor.
SEC. 203. SEC. 178. Section 8639 of
the Government Code is amended to read:
8639. The qualifications of each standby officer should be
carefully investigated, and the governing body may request the
Director of Emergency Services to aid in the investigation of any
prospective appointee. No examination or investigation shall be made
without the consent of the prospective appointee.
Consideration shall be given to places of residence and work, so
that for each office for which standby officers are appointed there
shall be the greatest probability of survivorship. Standby officers
may be residents or officers of a political subdivision other than
that to which they are appointed as standby officers.
SEC. 204. SEC. 179. Section 8649 of
the Government Code is amended to read:
8649. Subject to the approval of the Department of Finance, any
state agency may use its personnel, property, equipment, and
appropriations for carrying out the purposes of this chapter, and in
that connection may loan personnel to the Office of Emergency
Services. The Department of Finance shall determine whether
reimbursement shall be made to any state agency for expenditures
heretofore or hereafter made or incurred for those purposes from any
appropriation available for the Office of Emergency Services, except
that as to any expenditure made or incurred by any state agency the
funds of which are subject to constitutional restriction that would
prohibit their use for those purposes, that reimbursement shall be
provided and the original expenditure shall be considered a temporary
loan to the General Fund.
SEC. 205. SEC. 180. Section 8651 of
the Government Code is amended to read:
8651. The Director of Emergency Services may procure from the
federal government or any of its agencies such surplus equipment,
apparatus, supplies, and storage facilities therefor as may be
necessary to accomplish the purposes of this chapter.
SEC. 206. SEC. 181. Section 8657 of
the Government Code is amended to read:
8657. (a) Volunteers duly enrolled or registered with the Office
of Emergency Services or any disaster council of any political
subdivision, or unregistered persons duly impressed into service
during a state of war emergency, a state of emergency, or a local
emergency, in carrying out, complying with, or attempting to comply
with, any order or regulation issued or promulgated pursuant to the
provisions of this chapter or any local ordinance, or performing any
of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the
same degree of responsibility for their actions and enjoy the same
immunities as officers and employees of the state and its political
subdivisions performing similar work for their respective entities.
(b) No political subdivision or other public agency under any
circumstances, nor the officers, employees, agents, or duly enrolled
or registered volunteers thereof, or unregistered persons duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency, acting within the scope of their
official duties under this chapter or any local ordinance shall be
liable for personal injury or property damage sustained by any duly
enrolled or registered volunteer engaged in or training for emergency
preparedness or relief activity, or by any unregistered person duly
impressed into service during a state of war emergency, a state of
emergency, or a local emergency and engaged in such service. The
foregoing shall not affect the right of any such person to receive
benefits or compensation which may be specifically provided by the
provisions of any federal or state statute nor shall it affect the
right of any person to recover under the terms of any policy of
insurance.
(c) The California Earthquake Prediction Evaluation Council, an
advisory committee established pursuant to Section 8590 of this
chapter, may advise the Governor of the existence of an earthquake or
volcanic prediction having scientific validity. In its review,
hearings, deliberations, or other validation procedures, members of
the council, jointly and severally, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its political subdivisions
engaged in similar work in their respective entities. Any person
making a presentation to the council as part of the council's
validation process, including presentation of a prediction for
validation, shall be deemed a member of the council until the council
has found the prediction to have or not have scientific validity.
SEC. 207. SEC. 182. Section 8657.5
of the Government Code is amended to read:
8657.5. (a) (1) A private business included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation donates services, goods,
labor, equipment, resources, or dispensaries or other facilities, in
compliance with Section 8588.2, during a declared state of war, state
of emergency, or state of local emergency shall not be civilly
liable for a death, injury, illness, or other damage to a person or
property caused by the private business's donation of services,
goods, labor, equipment, resources, or dispensaries or other
facilities.
(2) A private business included on the statewide registry that
voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the Office
of Emergency Services and a city, a county, or a city and county
shall not be civilly liable for damages alleged to have resulted from
those training programs, as described in Section 1799.100 of the
Health and Safety Code.
(b) (1) A nonprofit organization included on the statewide
registry pursuant to Section 8588.2 that voluntarily and without
expectation and receipt of compensation from victims of emergencies
and disasters donates services, goods, labor, equipment, resources,
or dispensaries or other facilities, in compliance with Section
8588.2, during a declared state of war, state of emergency, or state
of local emergency shall not be civilly liable for a death, injury,
illness, or other damage to a person or property caused by the
nonprofit organization's donation of services, goods, labor,
equipment, resources, or dispensaries or other facilities.
(2) A nonprofit organization included on the statewide registry
that voluntarily and without expectation and receipt of compensation
donates services, goods, labor, equipment, resources, or dispensaries
or other facilities, in compliance with Section 8588.2, during an
emergency medical services training program conducted by the Office
of Emergency Services and a city, a county, or a city and county,
shall not be civilly liable for damages alleged to have resulted from
those training programs, as described in Section 1799.100 of the
Health and Safety Code.
(c) A private business or nonprofit organization that
discriminates against a victim of an emergency or disaster based on a
protected classification under federal or state law shall not be
entitled to the protections in subdivision (a) or (b).
(d) This section shall not relieve a private business or nonprofit
organization from liability caused by its grossly negligent act or
omission, or willful or wanton misconduct.
SEC. 208. SEC. 183. Section 8670.20
of the Government Code is amended to read:
8670.20. (a) For the purposes of this section, "vessel" means a
vessel, as defined in Section 21 of the Harbors and Navigation Code,
of 300 gross registered tons or more.
(b) Any party responsible for a vessel shall notify the Coast
Guard within one hour of a disability if the disabled vessel is
within 12 miles of the shore of this state. The administrator and the
Office of Emergency Services shall request the Coast Guard to notify
the Office of Emergency Services as soon as possible after the Coast
Guard receives notice of a disabled vessel within 12 miles of the
shore of this state. The administrator shall attempt to negotiate an
agreement with the Coast Guard governing procedures for Coast Guard
notification to the state regarding disabled vessels.
(c) Whenever the Office of Emergency Services receives notice of a
disabled vessel, the office shall immediately notify the
administrator. If the administrator receives notice from any other
source regarding the presence of a disabled vessel within 12 miles of
the shore of this state, the administrator shall immediately notify
the Office of Emergency Services.
(d) For the purposes of this section, a vessel shall be considered
disabled if any of the following occurs:
(1) Any accidental or intentional grounding that creates a hazard
to the environment or the safety of the vessel.
(2) Loss of main propulsion or primary steering or any component
or control system that causes a reduction in the maneuvering
capabilities of the vessel. For the purposes of this paragraph, "loss"
means that any system, component, part, subsystem, or control system
does not perform the specified or required function.
(3) An occurrence materially and adversely affecting the vessel's
seaworthiness or fitness for service, including, but not limited to,
fire, flooding, or collision with another vessel.
(4) Any occurrence not meeting the above criteria, but that
creates the serious possibility of an oil spill or an occurrence that
may result in an oil spill.
(e) For the purposes of this section, a tank barge shall be
considered disabled if any of the following occur:
(1) The towing mechanism becomes disabled.
(2) The tugboat towing the tank barge becomes disabled through
occurrences specified in subdivision (d).
SEC. 209. SEC. 184. Section
8670.25.5 of the Government Code is amended to read:
8670.25.5. (a) (1) Without regard to intent or negligence, any
party responsible for the discharge or threatened discharge of oil in
marine waters shall report the discharge immediately to the Office
of Emergency Services pursuant to Section 25507 of the Health and
Safety Code.
(2) If the information initially reported pursuant to paragraph
(1) was inaccurate or incomplete, or if the quantity of oil
discharged has changed, any party responsible for the discharge or
threatened discharge of oil in marine waters shall report the updated
information immediately to the Office of Emergency Services pursuant
to paragraph (1). The report shall contain the accurate or complete
information, or the revised quantity of oil discharged.
(b) Immediately upon receiving notification pursuant to
subdivision (a), the Office of Emergency Services shall notify the
administrator, the State Lands Commission, the California Coastal
Commission, the California regional water quality control board
having jurisdiction over the location of the discharged oil, and the
appropriate local governmental agencies in the area surrounding the
discharged oil, and take the actions required by subdivision (d) of
Section 8589.7. If the spill has occurred within the jurisdiction of
the San Francisco Bay Conservation and Development Commission, the
Office of Emergency Services shall notify that commission. Each
public agency specified in this subdivision shall adopt an internal
protocol over communications regarding the discharge of oil and file
the internal protocol with the Office of Emergency Services.
(c) The 24-hour emergency telephone number of the Office of
Emergency Services shall be posted at every terminal, at the area of
control of every marine facility, and on the bridge of every tankship
in marine waters.
(d) This section does not apply to discharges, or potential
discharges, of less than one barrel (42 gallons) of oil unless a more
restrictive reporting standard is adopted in the California oil
spill contingency plan prepared pursuant to Section 8574.1.
(e) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
SEC. 210. SEC. 185. Section 8670.26
of the Government Code is amended to read:
8670.26. Any local or state agency responding to a spill of oil
shall notify the Office of Emergency Services, if notification as
required under Section 8670.25.5, Section 13272 of the Water Code, or
any other notification
procedure adopted in the California oil spill contingency plan
has not occurred.
SEC. 211. SEC. 186. Section 8670.64
of the Government Code is amended to read:
8670.64. (a) A person who commits any of the following acts,
shall, upon conviction, be punished by imprisonment in a county jail
for not more than one year or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code:
(1) Except as provided in Section 8670.27, knowingly fails to
follow the direction or orders of the administrator in connection
with an oil spill.
(2) Knowingly fails to notify the Coast Guard that a vessel is
disabled within one hour of the disability and the vessel, while
disabled, causes a discharge of oil which enters marine waters. For
the purposes of this paragraph, "vessel" means a vessel, as defined
in Section 21 of the Harbors and Navigation Code, of 300 gross
registered tons or more.
(3) Knowingly engages in or causes the discharge or spill of oil
into marine waters, or a person who reasonably should have known that
he or she was engaging in or causing the discharge or spill of oil
into marine waters, unless the discharge is authorized by the United
States, the state, or another agency with appropriate jurisdiction.
(4) Knowingly fails to begin cleanup, abatement, or removal of
spilled oil as required in Section 8670.25.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine of not less than five thousand
dollars ($5,000) or more than five hundred thousand dollars
($500,000) for each violation. For purposes of this subdivision, each
day or partial day that a violation occurs is a separate violation.
(c) (1) A person who knowingly does any of the acts specified in
paragraph (2) shall, upon conviction, be punished by a fine of not
less than two thousand five hundred dollars ($2,500) or more than two
hundred fifty thousand dollars ($250,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment. Each day or partial day that a violation occurs is a
separate violation. If the conviction is for a second or subsequent
violation of this subdivision, the person shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or in a county jail for not more than one year, or by a fine
of not less than five thousand dollars ($5,000) or more than five
hundred thousand dollars ($500,000), or by both that fine and
imprisonment:
(2) The acts subject to this subdivision are all of the following:
(A) Failing to notify the Office of Emergency Services in
violation of Section 8670.25.5.
(B) Knowingly making a false or misleading marine oil spill report
to the Office of Emergency Services.
(C) Continuing operations for which an oil spill contingency plan
is required without an oil spill contingency plan approved pursuant
to Article 5 (commencing with Section 8670.28).
(D) Except as provided in Section 8670.27, knowingly failing to
follow the material provisions of an applicable oil spill contingency
plan.
SEC. 212. SEC. 187. Section 8680.7
of the Government Code is amended to read:
8680.7. "Director" means the Director of Emergency Services.
SEC. 213. SEC. 188. Section 8682 of
the Government Code is amended to read:
8682. The director shall administer this chapter. The director
may delegate any power or duty vested in him or her under this
chapter to a state agency or to any other officer or employee of the
Office of Emergency Services.
SEC. 214. SEC. 189. Section 8682.2 of
the Government Code is amended to read:
8682.2. To the extent that funds are allocated therefor, a state
agency, when requested by the director, shall render services and
perform duties within its area of responsibility when considered
necessary to carry out the purposes of this chapter.
SEC. 215. SEC. 190. Section 8682.6
of the Government Code is amended to read:
8682.6. The project proposal executed between a local agency and
the director pursuant to Section 8685.6 shall contain a provision
under which the local agency agrees to hold the state harmless from
damages due to the work for which funds are allocated.
SEC. 216. SEC. 191. Section 8682.8
of the Government Code is amended to read:
8682.8. When certified by the director, claims of local agencies
for payment shall be presented to the Controller for payment out of
funds made available therefor. The director may request the
Controller to audit any claim to ensure that funds were expended in
accordance with the requirements and purposes of this chapter.
SEC. 217. SEC. 192. Section 8682.9
of the Government Code is amended to read:
8682.9. The director shall adopt regulations, as necessary, to
govern the administration of the disaster assistance program
authorized by this chapter in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3). These regulations shall include specific project
eligibility requirements, a procedure for local governments to
request the implementation of programs under this chapter, and a
method for evaluating these requests by the Office of Emergency
Services.
SEC. 218. SEC. 193. Section 8685 of
the Government Code is amended to read:
8685. From any moneys appropriated for that purpose, and subject
to the conditions specified in this article, the director shall
allocate funds to meet the cost of any one or more projects as
defined in Section 8680.4. Applications by school districts shall be
submitted to the Superintendent of Public Instruction for review and
approval, in accordance with instructions or regulations developed by
the Office of Emergency Services, prior to the allocation of funds
by the director.
Moneys appropriated for the purposes of this chapter may be used
to provide financial assistance for the following local agency and
state costs:
(a) Local agency personnel costs, equipment costs, and the cost of
supplies and materials used during disaster response activities,
incurred as a result of a state of emergency proclaimed by the
Governor, excluding the normal hourly wage costs of employees engaged
in emergency work activities.
(b) To repair, restore, reconstruct, or replace facilities
belonging to local agencies damaged as a result of disasters as
defined in Section 8680.3. Mitigation measures performed pursuant to
subdivision (b) of Section 8686.4 shall qualify for funding pursuant
to this chapter.
(c) Matching fund assistance for cost sharing required under
federal disaster assistance programs, as otherwise eligible under
this act.
(d) Indirect administrative costs and any other assistance deemed
necessary by the director.
(e) Necessary and required site preparation costs for mobilehomes,
travel trailers, and other manufactured housing units provided and
operated by the Federal Emergency Management Agency.
SEC. 219. SEC. 194. Section 8685.2
of the Government Code is amended to read:
8685.2. An allocation may be made to a local agency for a project
when, within 10 days after the actual occurrence of a disaster, the
local agency has proclaimed a local emergency and that proclamation
is acceptable to the director or upon the order of the Governor when
a state of emergency proclamation has been issued, and if the
Legislature has appropriated money for allocation for purposes of
this chapter.
SEC. 220. SEC. 195. Section 8685.4
of the Government Code is amended to read:
8685.4. A local agency shall make application to the director for
state financial assistance within 60 days after the date of the
proclamation of a local emergency. The director may extend the time
for this filing only under unusual circumstances. No financial aid
shall be provided until a state agency, upon the request of the
director, has first investigated and reported upon the proposed work,
has estimated the cost of the work, and has filed its report with
the director within 60 days from the date the local agency made
application, unless the director extends the time because of unusual
circumstances. The estimate of cost of the work may include
expenditures made by the local agency for the work prior to the
making of the estimate. If the reporting state agency fails to report
its findings within the 60-day period, and time is not extended by
the director, the director may complete the investigation and recover
a proportionate amount allocated to the state agency for the balance
of the investigation. "Unusual circumstances," as used above, are
unavoidable delays that result from recurrence of a disaster,
prolonged severe weather within a one-year period, or other
conditions beyond the control of the applicant. Delays resulting from
administrative procedures are not unusual circumstances which
warrant extensions of time.
SEC. 221. SEC. 196. Section 8685.6
of the Government Code is amended to read:
8685.6. No money shall be allocated for a project until the local
agency has indicated in writing its acceptance of the project
proposal and the cost-sharing related thereto in such form as the
director prescribes. The project proposal shall provide for the
performance of the work by the local agency, or by the state agency
in whose area of responsibility such work falls, if the local agency
and such state agency determine that the work should be performed by
the state agency. The project proposal shall also provide for the
methods of handling the funds allocated and the matching funds
provided by the local agency. It shall also contain such other
provisions as are deemed necessary to assure completion of the work
included in the project and the proper expenditure of funds as
provided herein.
SEC. 222. SEC. 197. Section 8685.8
of the Government Code is amended to read:
8685.8. Under procedures to be prescribed by the director, a
local agency may receive an advance of funds to initiate a project.
Such advances shall be limited to not more than 90 percent of the
estimated state's share of the project, as determined pursuant to
Section 8686.
SEC. 223. SEC. 198. Section 8686.2
of the Government Code is amended to read:
8686.2. When the United States or any agency thereof is to
provide disaster relief funds for any portion of the cost of a
project, the amount so provided shall be deducted from the cost of
the project in determining the amount to be allocated by the state
and the amount to be contributed by the local agency under Section
8686. It shall not be required that the disaster relief funds to be
provided from federal sources shall be paid into the State Treasury,
but the secretary shall, if state funds are available, authorize the
work to be commenced when the director has received assurance,
adequate in his or her opinion, that the federal disaster relief
matching funds will be made available for expenditure for the work,
or for payment to the state for performance thereof.
SEC. 224. SEC. 199. Section 8686.3
of the Government Code is amended to read:
8686.3. Local agencies shall undertake to recover maximum federal
participation in funding projects. No funds allocated under this
chapter shall be used to supplant federal funds otherwise available
in the absence of state financial relief. State contributions for
such projects as determined by Section 8686 will be reduced by an
amount equal to the amount local agencies would have recovered from
federal disaster relief sources if they had applied for that funding
and had executed the eligible projects in conformity with federal
requirements. When a local agency applies for federal disaster relief
funds, the director shall inform the agency of available state
funds.
SEC. 225. SEC. 200. Section 8686.4
of the Government Code is amended to read:
8686.4. (a) Whenever the local agency and the director determine
for projects that the general public and state interest will be
better served by replacing a damaged or destroyed facility with a
facility that will more adequately serve the present and future
public needs than would be accomplished merely by repairing or
restoring the damaged or destroyed facility, the director shall
authorize the replacement, including, in the case of a public
building, an increase in the square footage of the building replaced,
but the cost of the betterment of the facility, to the extent that
it exceeds the cost of repairing or restoring the damaged or
destroyed facility, shall be borne and contributed by the local
agency, and the excess cost shall be excluded in determining the
amount to be allocated by the state. The state contribution shall not
exceed the net cost of restoring each facility on the basis of the
design of the facility as it existed immediately prior to the
disaster in conformity with current codes, specifications, and
standards.
(b) Notwithstanding subdivision (a), when the director determines
there are mitigation measures that are cost effective and that
substantially reduce the risk of future damage, hardship, loss, or
suffering in any area where a state of emergency has been proclaimed
by the Governor, the director may authorize the implementation of
those measures.
SEC. 226. SEC. 201. Section 8686.8
of the Government Code is amended to read:
8686.8. If the director determines that a local agency is
financially unable to meet the matching requirements set forth in
Section 8686, or unable to provide funds for replacement of a
facility pursuant to Section 8686.4, the director may, if that loan
would not result in a violation of Section 18 of Article XVI of the
California Constitution and out of any state money made available for
purposes of this chapter, lend funds, for the completion of a
project or projects. The local agency shall be required by the
director to make its contribution by means of deferred payments. The
deferred payments shall be made in the amounts and at the times
provided by the agreement executed in connection with the
application, but in any event providing full repayment within 10
years, and shall include a charge to be fixed by the director in an
amount estimated by him or her to equal the revenue that the state
would have derived by investing the total amounts loaned at the
interest rate prevailing for legal state investments as of the date
of the loan.
SEC. 227. SEC. 202. Section 8687 of
the Government Code is amended to read:
8687. Deferred payments made by a local agency pursuant to
Section 8686.8 shall be made by the agency:
(a) Out of the current revenues of the local agency.
(b) If the current revenues of a city, county, or city and county,
prove insufficient to enable the agency to meet the payments, the
director may order the State Controller to withhold from the local
agency funds that the local agency would be entitled from the state,
including, as to street and highway projects as defined by Sections
590 and 592 of the Vehicle Code, from the Motor Vehicle License Fee
Fund to the extent necessary to meet the deficiency.
Those sums shall be credited to the funds in the State Treasury
from which the loans were made.
SEC. 228. SEC. 203. Section 8687.2
of the Government Code is amended to read:
8687.2. Notwithstanding Section 8686, whenever the director
determines that a local agency to which funds are proposed to be
allocated for a public facilities project is financially unable to
meet the matching requirements set forth in Section 8686 due to
exhaustion of its financial resources because of disaster
expenditures, the provisions of Section 8686 may be suspended, and
the director may allocate funds to pay all of the cost of the project
or that portion of the cost which the director determines is
necessary to accomplish the project, taking into consideration the
financial ability of the local agency to meet the matching
requirements of Section 8686 and the public benefit of the proposed
work, less any money provided by the United States or any agency
thereof for any portion of the cost of the project.
SEC. 229. SEC. 204. Section 8687.4
of the Government Code is amended to read:
8687.4. Whenever the director determines that a local agency
which would otherwise be eligible for funds under the formula of
Section 8686 is unable to finance a project due to exhaustion of its
financial resources because of disaster expenditures, the director
may allocate funds to pay such portion of the cost of the project as
the director determines is necessary to accomplish the projects.
SEC. 230. SEC. 205. Section 8687.7
of the Government Code is amended to read:
8687.7. (a) As used in this section, the following terms have the
following meanings:
(1) "Agency" or "office" means the Office of Emergency Services.
(2) "Community" means a geographic area impacted by an emergency
proclaimed by the Governor that includes the jurisdiction of one or
more local agencies.
(3) "Community recovery partners" means local, state, and federal
agencies, private nonprofit organizations, nongovernmental agencies,
faith-based organizations, and other private entities.
(b) The office may establish a model process that would be made
available to assist a community in recovering from an emergency
proclaimed by the Governor. The model process may include the
following:
(1) The role of the office in the community recovery process.
(2) Procedures for the office to have representation onsite as
soon as practicable after the Governor proclaims a state of
emergency.
(3) The role of the office to facilitate the use of temporary
services, including, but not limited to, direct assistance to
individuals, families, and businesses, crisis counseling, disaster
unemployment assistance, food and clothing vouchers, communications
systems, replacement of personal identification documents, provision
of potable water, housing, farm service assistance, tax relief,
insurance, and legal services.
(4) The role of the office to facilitate the establishment of
temporary structures, including local assistance centers, showers and
bathroom facilities, and temporary administrative offices.
(5) Measures to encourage the participation of nongovernmental
organizations in the community recovery process to supplement
recovery activities undertaken by federal or local agencies.
(6) The office may refer the model process to the standardized
Emergency Management System (SEMS) Advisory Board, or any other
advisory board it deems appropriate, for review and modifications.
(7) It is the intent of the Legislature that the model process
assists and complements local procedures. The model process should
allow the office to offer additional assistance when that assistance
is needed but not available through local agencies.
SEC. 231. SEC. 206. Section 8692 of
the Government Code is amended to read:
8692. (a) If a state of emergency is proclaimed, an eligible
private nonprofit organization may receive state assistance for
distribution of supplies and other disaster or emergency assistance
activities resulting in extraordinary cost.
(b) A private nonprofit organization is eligible for assistance
under this section if it is eligible for disaster assistance under
the federal Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Sec. 5121).
(c) An organization is not eligible for assistance under this
section if it employs religious content in the provision of emergency
assistance.
(d) Any grant of assistance under this section shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to the funding
of religious organizations and activities. These legal constraints
include prohibitions on the discrimination against beneficiaries and
staff based on protected categories, on the use of public funds for
proselytizing of religious doctrine, religious instruction, or
worship, and on the use of other religious means to accomplish
programmatic goals.
(e) The Office of Emergency Services shall adopt regulations to
implement this section.
SEC. 232. SEC. 207. Section 8696.5
of the Government Code is amended to read:
8696.5. As used in this chapter, the term "disaster" means those
conditions specified in subdivisions (b) and (c) of Section 8558 if
the estimated damage exceeds three billion dollars ($3,000,000,000)
or the Governor orders the Director of Emergency Services to carry
out the provisions of this chapter.
SEC. 233. SEC. 208. Section 8697 of
the Government Code is amended to read:
8697. (a) Upon the completion of the emergency phase and the
immediate recovery phase of a disaster, appropriate state agencies
shall take actions to provide continuity of effort conducive to
long-range economic recovery.
(b) The Director of Emergency Services shall invoke the
assignments made pursuant to Section 8595, specifying the emergency
functions of each agency or department.
(c) The Director of Emergency Services may make assignments to
assist local agencies in implementing Chapter 12.4 (commencing with
Section 8877.1).
SEC. 234. SEC. 209. Section 8697.5
of the Government Code is amended to read:
8697.5. The Director of Emergency Services, in executing the
purposes of this chapter, shall establish appropriate task forces or
emergency teams to include concerned elements of federal, state, and
local governments and the private sector.
SEC. 235. SEC. 210. Section 8711 of
the Government Code is amended to read:
8711. (a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist of
the Secretary of the Natural Resources Agency, the Secretary for
Environmental Protection, the Secretary of Health and Human Services,
the Secretary of Transportation, the Secretary of Food and
Agriculture, and the Director of Emergency Services.
(b) The Secretary for Environmental Protection shall chair the
council.
SEC. 236. SEC. 211. Section 8840 of
the Government Code is amended to read:
8840. For purposes of this article, "eligible radio station"
means a radio station that, at the time of applying for a grant under
this article, meets both of the following requirements:
(a) It has met all of the following requirements for a period of
two years unless another time is specified:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational station, or is operating under program test
authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides significant locally originated programming in its
community of license.
(5) It broadcasts not less than 15 hours per day, 365 days per
year.
(6) It participates in statewide public broadcasting projects.
(7) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(8) It does either of the following:
(A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect on
June 30, 1995.
(B) Two months prior to applying for a grant, the station has a
full-time staff of at least one professional paid not less than the
California minimum wage, and is certified by the council as providing
a needed service to its community of license.
(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.
SEC. 237. SEC. 212. Section 8841 of
the Government Code is amended to read:
8841. For purposes of this article, "eligible television station"
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of
the following requirements:
(a) It has met all of the following requirements for a period of
two years:
(1) It is licensed by the Federal Communications Commission as a
noncommercial educational television station, or is operating under
program test authority pending the grant of a license.
(2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
(3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
(4) It provides substantial and significant locally originated
programming in its community of license.
(5) It broadcasts not less than 2,500 hours per year.
(6) It participates in statewide public broadcasting projects.
(7) It meets the criteria for receipt of a Community Service Grant
or base grant from the Corporation for Public Broadcasting that were
in effect on June 30, 1994.
(8) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
(b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.
(c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.
SEC. 238. SEC. 213. Section 8844 of
the Government Code is amended to read:
8844. (a) Recognizing the necessity of converting California
stations to the technologies of digital broadcasting, the Legislature
intends that funds may be appropriated to the Office of Emergency
Services for the purchase of equipment by eligible
stations, the installation of that
equipment, or purchase of other materials related to that equipment,
pursuant to this article.
(b) The office shall solicit applications for grant funds from
eligible stations throughout the state, and shall allocate funds
appropriated pursuant to subdivision (a) as follows:
(1) Seventy-five percent of any equipment purchase funds
appropriated pursuant to subdivision (a) shall be placed in an
equipment grant pool for eligible television stations, and 25 percent
shall be placed in an equipment grant pool for eligible radio
stations.
(2) Fifty percent of the funds in each grant pool shall be divided
equally among the stations in that grant pool.
(3) The remaining 50 percent of the funds in each grant pool shall
be divided among stations in that grant pool in proportion to their
nonfederal financial support.
(c) (1) Funds provided under this section shall be granted on a
matching basis, with each station required to raise from other
sources an amount equal to the funds provided to it under this
section.
(2) If any funds remain in either grant pool because of the
limitations set forth in paragraph (1), the remaining funds shall be
returned to the same pool for distribution to other stations that
have raised the required matching funds, in amounts proportionate to
the nonfederal financial support of those stations.
SEC. 239. SEC. 214. Section 8870.4
of the Government Code is amended to read:
8870.4. (a) Except as provided in subdivision (d), the members of
the Alfred E. Alquist Seismic Safety Commission shall serve without
compensation but shall be paid per diem expenses of one hundred
dollars ($100) for each day's attendance at a meeting of the
commission, plus actual necessary travel expenses as determined by
Department of Human Resources rules.
(b) The members of the commission who represent the Office of
Emergency Services, the California Building Standards Commission, and
the Division of the State Architect shall be employees in good
standing of those respective entities. Any per diem and travel
expenses of those members of the commission shall be paid by the
agencies that they represent on the commission, in compliance with
applicable conditions or regulations set by the Department of Human
Resources.
SEC. 240. SEC. 215. Section 8870.7
of the Government Code is amended to read:
8870.7. The commission is responsible for all of the following in
connection with earthquake hazard mitigation:
(a) Setting goals and priorities in the public and private
sectors.
(b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.
(c) Scheduling a report on disaster mitigation issues from the
Office of Emergency Services, on the commission agenda as required.
For the purposes of this subdivision, the term disaster refers to all
natural hazards which could have an impact on public safety.
(d) Recommending program changes to state agencies, local
agencies, and the private sector where such changes would improve
earthquake hazards and reduction.
(e) Reviewing the recovery and reconstruction efforts after
damaging earthquakes.
(f) Gathering, analyzing, and disseminating information.
(g) Encouraging research.
(h) Sponsoring training to help improve the competence of
specialized enforcement and other technical personnel.
(i) Helping to coordinate the earthquake safety activities of
government at all levels.
(j) Establishing and maintaining necessary working relationships
with any boards, commissions, departments, and agencies, or other
public or private organizations.
SEC. 241. SEC. 216. Section 8870.71
of the Government Code is amended to read:
8870.71. To implement the foregoing responsibilities, the
commission may do any of the following:
(a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake-related
activities and to advise the Governor and Legislature thereon.
(b) Review legislative proposals related to earthquake safety to
advise the Governor and the Legislature concerning the proposals and
to propose needed legislation.
(c) Recommend the addition, deletion, or changing of state agency
standards when, in the commission's view, the existing situation
creates undue hazards or when new developments would promote
earthquake hazard mitigation, and conduct public hearings as deemed
necessary on the subjects.
(d) In the conduct of any hearing, investigation, inquiry, or
study that is ordered or undertaken in any part of the state,
administer oaths and issue subpoenas for the attendance of witnesses
and the production of papers, records, reports, books, maps,
accounts, documents, and testimony.
(e) In addition, the commission may perform any of the functions
contained in subdivisions (a) to (d), inclusive, in relation to
disasters, as defined in subdivision (c) of Section 8870.7, in
connection with issues or items reported or discussed with the Office
of Emergency Services at any commission meeting.
SEC. 242. SEC. 217. Section 8871.3
of the Government Code is amended to read:
8871.3. (a) The office shall establish an interim state
operations center in southern California to coordinate response to a
major earthquake. The office shall also develop an operational
communications plan for the center based upon an inventory of current
communications capabilities and an assessment of structural
vulnerabilities.
(b) The office shall undertake a design analysis regarding
construction of a permanent state operations center in southern
California, including an evaluation of telecommunications and
information technology systems for emergency management functions.
(c) All appropriations for the purposes of subdivision (a) or (b)
shall be reviewed by the Department of Finance prior to obligation of
funds.
SEC. 243. SEC. 218. Section 8871.4
of the Government Code is amended to read:
8871.4. The commission shall prepare the California Earthquake
Hazard Reduction Program, in consultation with the Office of
Emergency Services, the Division of Mines and Geology in the
Department of Conservation, the Office of the State Architect, the
Emergency Medical Services Authority, the University of California
and other appropriate institutions of higher learning, the California
National Guard, the Department of Finance, other appropriate state
and local agencies, the private sector, volunteer groups, and the
Legislature.
The commission may hold public hearings or joint hearings with
other groups and conduct other activities as necessary for the
development of the program.
SEC. 244. SEC. 219. Section 8876.7
of the Government Code is amended to read:
8876.7. In carrying out its responsibilities under this chapter,
the Seismic Safety Commission, in close consultation with the
Transportation Agency, the Office of Emergency Services, and the
Business, Consumer Services and Housing Agency, may do the following:
(a) Monitor the work of the center on behalf of the state.
(b) Produce and deliver for each year that the center is in
operation, an independent evaluation of the work conducted at the
center as it pertains to the objectives of the center and reducing
earthquake losses and earthquake risk in the state recognizing that
as a national center it will undertake basic research of national and
international consequence as well. The report shall include the
following tasks:
(1) Interpret the results of research to indicate how the research
may affect state law and policy.
(2) Recommend ways to promote the application of research.
(3) Recommend priorities that would contribute to achieving the
center's objectives, provide direct benefits to California residents
and businesses, and lead to the completion of specific
recommendations in the state's earthquake risk reduction program.
SEC. 245. SEC. 220. Section 8878.52
of the Government Code is amended to read:
8878.52. As used in this chapter, the following terms have the
following meanings:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "Committee" means the Earthquake Safety and Public Buildings
Rehabilitation Finance Committee created pursuant to subdivision (a)
of Section 8878.111.
(c) "Commission" means the Seismic Safety Commission.
(d) "Fund" means the Earthquake Safety and Public Buildings
Rehabilitation Fund of 1990 created pursuant to Section 8878.55.
(e) "Local government" means any city, county, city and county, or
special district.
(f) "Project" means a program of work to retrofit, reconstruct,
repair, replace, or relocate, for local government-owned facilities
only, a building, facility, or both, which is owned by any city,
county, city and county, or special district and which is included in
an application for a grant of funds.
(g) "State Architect" means the Office of the State Architect.
(h) "State building or facility" means any building or structure
owned by a state agency, which is identified pursuant to Section
8878.60, except for vehicular bridges, roadways, highways, or any
facilities or buildings owned by the University of California or the
California State University.
(i) "Local government building or facility" means an existing
essential services building, as defined in Section 16007 of the
Health and Safety Code, or an emergency or public safety local
building as identified in Section 8878.99, which is owned by a city,
county, city and county, or special district.
(j) State or local government buildings shall not include those
owned by private for-profit or private nonprofit corporations, or
those owned by any combination, consortium, or joint powers agreement
that includes a private nonprofit corporation.
(k) "Retrofit" means to either strengthen the structure of a
building or facility, or to provide the means necessary to reduce the
seismic force level experienced by a building or facility during an
earthquake, so as to significantly reduce hazards to life and safety
while concomitantly providing for the substantially safe egress of
occupants during and immediately after such an earthquake.
SEC. 246. SEC. 221. Section 8878.90
of the Government Code is amended to read:
8878.90. (a) The State Architect, with the consultation of the
Seismic Safety Commission and the office, shall establish criteria
for projects potentially eligible for an appropriation from the
Legislature, pursuant to subdivision (b) of Section 8878.55 based on
factors including the populations at risk of injury and the
cost-effectiveness of remedial actions.
(b) The State Architect shall establish the criteria for potential
funding pursuant to subdivision (b) of Section 8878.55 based upon
the following order of seismic hazard reduction priorities:
(1) Abatement of falling hazards, as defined by the State
Architect with the consultation of the Seismic Safety Commission,
that are structural or nonstructural components of buildings or
facilities and that pose serious threats to life, including, but not
limited to, parapets, appendages, cornices, hanging objects, and
building cladding.
(2) The seismic retrofitting of those buildings or facilities for
which partial, localized, or phased seismic retrofits will
significantly reduce collapse hazards with minimal disruption to
either the operation of the buildings or facilities or disruption of
the occupants of the buildings or facilities.
(3) All other buildings or facilities requiring seismic
retrofitting.
SEC. 247. SEC. 222. Section 8878.100
of the Government Code is amended to read:
8878.100. Funds shall be distributed by the State Architect in
the following manner:
(a) Upon receipt of an application by a local government for a
grant pursuant to this article, the office or the State Architect may
propose improvements to the project which will meet regional needs
in a cost-effective manner. These improvements may include, but need
not be limited to, structural strengthening, hardening of
communication equipment, providing emergency power equipment, and
other capital improvements which can be demonstrated as part of an
emergency response plan which has a description of the critical
facilities needed to support emergency response. The office, the
State Architect, and the applicant may agree to include these capital
improvements in the grant.
(b) In coordination with the Seismic Safety Commission and the
office, and with the input of the potentially eligible local
governments, the State Architect, consistent with Section 8878.90,
shall establish a priority list of the types of potentially eligible
local government buildings and facilities which are eligible to
receive a state grant pursuant to this article.
(c) After completion of the priority list, the State Architect
shall present this list of potentially eligible local government
buildings and facilities to the Department of Finance for its review
and consideration of whether to recommend to the Governor to include
this list in the Budget Bill or other legislative proposal. The
Legislature may review and appropriate funds available under this
bond act for specific projects on the list which it deems
appropriate.
(d) The State Architect shall allocate funds to local governments
for the seismic retrofit of buildings or facilities based upon
projects and appropriations approved in the Budget Bill or some other
bill by the Legislature as provided in this section. Payments shall
be made on a progress basis.
SEC. 248. SEC. 223. Section 8878.125
of the Government Code is amended to read:
8878.125. (a) The proceeds from the sale of the bonds pursuant to
this chapter shall not replace or supplant funds available from the
Federal Emergency Management Agency (FEMA). If funds are received
from FEMA for costs applied for under this chapter, then proceeds
from the fund shall not be allocated, or if already allocated, then
the fund shall be reimbursed for any ineligible amount.
(b) No allocations shall be made from the fund for local buildings
or facilities that qualified for state or federal assistance under
the Disaster Assistance Act (Chapter 7.5 (commencing with Section
8680)) for retrofitting, reconstruction, repair, replacement, or
relocation of structures damaged by a disaster until the office
determines either: (1) that reasonable efforts have been made to
secure other state and federal funds, or (2) that the other sources
of funding are insufficient to make the necessary seismic
improvements. Similarly, no allocations from the fund shall be made
for state buildings or facilities unless the Department of Finance
determines either: (1) the responsible agency has made reasonable
efforts to secure other state and federal funds, or (2) that the
other sources of funding are insufficient to correct state buildings
or facilities that are seismically unsafe or suffer from other safety
deficiencies.
SEC. 249. SEC. 224. Section 8879.7
of the Government Code is amended to read:
8879.7. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the Seismic Retrofit Finance
Committee is hereby created. For the purposes of this chapter, the
Seismic Retrofit Finance Committee is "the committee" as that term is
used in the State General Obligation Bond Law. The committee
consists of the Treasurer, the Controller, the Director of Finance,
and the Secretary of Transportation, or a designated representative
of each of those officials. The Treasurer shall serve as the
chairperson of the committee. A majority of the committee may act for
the committee.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary
to protect the validity of, and tax exemption for, interest on the
bonds. The guidelines shall not constitute rules, regulations,
orders, or standards of general application.
(c) For the purposes of the State General Obligation Bond Law, any
department receiving an allocation from the Department of Finance is
designated to be the "board."
SEC. 250. SEC. 225. Section 8879.23
of the Government Code is amended to read:
8879.23. The Highway Safety, Traffic Reduction, Air Quality, and
Port Security Fund of 2006 is hereby created in the State Treasury.
The Legislature intends that the proceeds of bonds deposited in the
fund shall be used to fund the mobility, safety, and air quality
improvements described in this article over the course of the next
decade. The proceeds of bonds issued and sold pursuant to this
chapter for the purposes specified in this chapter shall be allocated
in the following manner:
(a) (1) Four billion five hundred million dollars ($4,500,000,000)
shall be deposited in the Corridor Mobility Improvement Account,
which is hereby created in the fund. Funds in the account shall be
available to the California Transportation Commission, upon
appropriation in the annual Budget Bill by the Legislature, for
allocation for performance improvements on highly congested travel
corridors in California. Funds in the account shall be used for
performance improvements on the state highway system, or major access
routes to the state highway system on the local road system that
relieve congestion by expanding capacity, enhancing operations, or
otherwise improving travel times within these high-congestion travel
corridors, as identified by the department and regional or local
transportation agencies, pursuant to the process in paragraph (3) or
(4), as applicable.
(2) The commission shall develop and adopt guidelines, by December
1, 2006, including regional programming targets, for the program
funded by this subdivision, and shall allocate funds from the account
to projects after reviewing project nominations submitted by the
Department of Transportation and by regional transportation planning
agencies or county transportation commissions or authorities pursuant
to paragraph (4).
(3) Subject to the guidelines adopted pursuant to paragraph (2),
the department shall nominate, by no later than January 15, 2007,
projects for the allocation of funds from the account on a statewide
basis. The department's nominations shall be geographically balanced
and shall reflect the department's assessment of a program that best
meets the policy objectives described in paragraph (1).
(4) Subject to the guidelines adopted pursuant to paragraph (2), a
regional transportation planning agency or county transportation
commission or authority responsible for preparing a regional
transportation improvement plan under Section 14527 may nominate
projects identified pursuant to paragraph (1) that best meet the
policy objectives described in that paragraph for funding from the
account. Projects nominated pursuant to this paragraph shall be
submitted to the commission for consideration for funding by no later
than January 15, 2007.
(5) All nominations to the California Transportation Commission
shall be accompanied by documentation regarding the quantitative and
qualitative measures validating each project's consistency with the
policy objectives described in paragraph (1). All projects nominated
to the commission for funds from this account shall be included in a
regional transportation plan.
(6) After review of the project nominations, and supporting
documentation, the commission, by no later than March 1, 2007, shall
adopt an initial program of projects to be funded from the account.
This program may be updated every two years in conjunction with the
biennial process for adoption of the state transportation improvement
program pursuant to guidelines adopted by the commission. The
inclusion of a project in the program shall be based on a
demonstration that the project meets all of the following criteria:
(A) Is a high-priority project in the corridor as demonstrated by
either of the following: (i) its inclusion in the list of nominated
projects by both the department pursuant to paragraph (3) and the
regional transportation planning agency or county transportation
commission or authority, pursuant to paragraph (4); or (ii) if needed
to fully fund the project, the identification and commitment of
supplemental funding to the project from other state, local, or
federal funds.
(B) Can commence construction or implementation no later than
December 31, 2012.
(C) Improves mobility in a high-congestion corridor by improving
travel times or reducing the number of daily vehicle hours of delay,
improves the connectivity of the state highway system between rural,
suburban, and urban areas, or improves the operation or safety of a
highway or road segment.
(D) Improves access to jobs, housing, markets, and commerce.
(7) Where competing projects offer similar mobility improvements
to a specific corridor, the commission shall consider additional
benefits when determining which project shall be included in the
program for funding. These benefits shall include, but are not
limited to, the following:
(A) A finding that the project provides quantifiable air quality
benefits.
(B) A finding that the project substantially increases the safety
for travelers in the corridor.
(8) In adopting a program for funding pursuant to this
subdivision, the commission shall make a finding that the program is
geographically balanced, consistent with the geographic split for
funding described in Section 188 of the Streets and Highways Code;
provides mobility improvements in highly traveled or highly congested
corridors in all regions of California; and targets bond proceeds in
a manner that provides the increment of funding necessary, when
combined with other state, local, or federal funds, to provide the
mobility benefit in the earliest possible timeframe.
(9) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility improvements the program is achieving.
(b) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation in the annual Budget Bill by the Legislature, to
the department for improvements to State Route 99. Funds may be used
for safety, operational enhancements, rehabilitation, or capacity
improvements necessary to improve the State Route 99 corridor
traversing approximately 400 miles of the central valley of this
state.
(c) Three billion one hundred million dollars ($3,100,000,000)
shall be deposited in the California Ports Infrastructure, Security,
and Air Quality Improvement Account, which is hereby created in the
fund. The money in the account shall be available, upon appropriation
by the Legislature and subject to such conditions and criteria as
the Legislature may provide by statute, as follows:
(1) (A) Two billion dollars ($2,000,000,000) shall be transferred
to the Trade Corridors Improvement Fund, which is hereby created. The
money in this fund shall be available, upon appropriation in the
annual Budget Bill by the Legislature and subject to such conditions
and criteria as the Legislature may provide by statute, for
allocation by the California Transportation Commission for
infrastructure improvements along federally designated "Trade
Corridors of National Significance" in this state or along other
corridors within this state that have a high volume of freight
movement, as determined by the commission. In determining projects
eligible for funding, the commission shall consult the trade
infrastructure and goods movement plan submitted to the commission by
the Secretary of Transportation and the Secretary for Environmental
Protection. No moneys shall be allocated from this fund until the
report is submitted to the commission for its consideration, provided
the report is submitted no later than January 1, 2007. The
commission shall also consult trade infrastructure and goods movement
plans adopted by regional transportation planning agencies, adopted
regional transportation plans required by state and federal law, and
the statewide port master plan prepared by the California Marine and
Intermodal Transportation System Advisory Council (Cal-MITSAC)
pursuant to Section 1760 of the Harbors and Navigation Code, when
determining eligible projects for funding. Eligible projects for
these funds include, but are not limited to, all of the following:
(i) Highway capacity improvements and operational improvements to
more efficiently accommodate the movement of freight, particularly
for ingress and egress to and from the state's seaports, including
navigable inland waterways used to transport freight between
seaports, land ports of entry, and airports, and to relieve traffic
congestion along major trade or goods movement corridors.
(ii) Freight rail system improvements to enhance the ability to
move goods from seaports, land ports of entry, and airports to
warehousing and distribution centers throughout California, including
projects that separate rail lines from highway or local road
traffic, improve freight rail mobility through mountainous regions,
relocate rail switching yards, and other projects that improve the
efficiency and capacity of the rail freight system.
(iii) Projects to enhance the capacity and efficiency of ports.
(iv) Truck corridor improvements, including dedicated truck
facilities or truck toll facilities.
(v) Border access improvements that enhance goods movement between
California and Mexico and that maximize the state's ability to
access coordinated border infrastructure funds made available to the
state by federal law.
(vi) Surface transportation improvements to facilitate the
movement of goods to and from the state's airports.
(B) The commission shall allocate funds for trade infrastructure
improvements from the account in a manner that (i) addresses the
state's most urgent needs, (ii) balances the demands of various ports
(between large and small ports, as well as between seaports,
airports, and land ports of entry), (iii) provides reasonable
geographic balance between the state's regions, and (iv) places
emphasis on projects that improve trade corridor mobility while
reducing emissions of diesel particulate and other pollutant
emissions. In addition, the commission shall also consider the
following factors when allocating these funds:
(i)
"Velocity," which means the speed by which large cargo would travel
from the port through the distribution system.
(ii) "Throughput," which means the volume of cargo that would move
from the port through the distribution system.
(iii) "Reliability," which means a reasonably consistent and
predictable amount of time for cargo to travel from one point to
another on any given day or at any given time in California.
(iv) "Congestion reduction," which means the reduction in
recurrent daily hours of delay to be achieved.
(C) The commission shall allocate funds made available by this
paragraph to projects that have identified and committed supplemental
funding from appropriate local, federal, or private sources. The
commission shall determine the appropriate amount of supplemental
funding each project should have to be eligible for moneys from this
fund based on a project-by-project review and an assessment of the
project's benefit to the state and the program. Except for border
access improvements described in clause (v) of subparagraph (A),
improvements funded with moneys from this fund shall have
supplemental funding that is at least equal to the amount of the
contribution from the fund. The commission may give priority for
funding to projects with higher levels of committed supplemental
funding.
(D) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of its activities
related to the administration of this program. The summary should, at
a minimum, include a description and the location of the projects
contained in the program, the amount of funds allocated to each
project, the status of each project, and a description of the
mobility and air quality improvements the program is achieving.
(2) One billion dollars ($1,000,000,000) shall be made available,
upon appropriation by the Legislature and subject to such conditions
and criteria contained in a statute enacted by the Legislature, to
the State Air Resources Board for emission reductions, not otherwise
required by law or regulation, from activities related to the
movement of freight along California's trade corridors. Funds made
available by this paragraph are intended to supplement existing funds
used to finance strategies and public benefit projects that reduce
emissions and improve air quality in trade corridors commencing at
the state's airports, seaports, and land ports of entry.
(3) One hundred million dollars ($100,000,000) shall be available,
upon appropriation by the Legislature, to the Office of Emergency
Services to be allocated, as grants, for port, harbor, and ferry
terminal security improvements. Eligible applicants shall be publicly
owned ports, harbors, and ferryboat and ferry terminal operators,
which may submit applications for projects that include, but are not
limited to, the following:
(A) Video surveillance equipment.
(B) Explosives detection technology, including, but not limited
to, X-ray devices.
(C) Cargo scanners.
(D) Radiation monitors.
(E) Thermal protective equipment.
(F) Site identification instruments capable of providing a
fingerprint for a broad inventory of chemical agents.
(G) Other devices capable of detecting weapons of mass destruction
using chemical, biological, or other similar substances.
(H) Other security equipment to assist in any of the following:
(i) Screening of incoming vessels, trucks, and incoming or
outbound cargo.
(ii) Monitoring the physical perimeters of harbors, ports, and
ferry terminals.
(iii) Providing or augmenting onsite emergency response
capability.
(I) Overweight cargo detection equipment, including, but not
limited to, intermodal crane scales and truck weight scales.
(J) Developing disaster preparedness or emergency response plans.
(d) Two hundred million dollars ($200,000,000) shall be available,
upon appropriation by the Legislature, for schoolbus retrofit and
replacement to reduce air pollution and to reduce children's exposure
to diesel exhaust.
(e) Two billion dollars ($2,000,000,000) shall be available for
projects in the state transportation improvement program, to augment
funds otherwise available for this purpose from other sources. The
funds provided by this subdivision shall be deposited in the
Transportation Facilities Account which is hereby created in the
fund, and shall be available, upon appropriation by the Legislature,
to the Department of Transportation, as allocated by the California
Transportation Commission in the same manner as funds allocated for
those projects under existing law.
(f) (1) Four billion dollars ($4,000,000,000) shall be deposited
in the Public Transportation Modernization, Improvement, and Service
Enhancement Account, which is hereby created in the fund. Funds in
the account shall be made available, upon appropriation by the
Legislature, to the Department of Transportation for intercity rail
projects and to commuter or urban rail operators, bus operators,
waterborne transit operators, and other transit operators in
California for rehabilitation, safety or modernization improvements,
capital service enhancements or expansions, new capital projects, bus
or rapid transit improvements, or for rolling stock procurement,
rehabilitation, or replacement.
(2) Of the funds made available in paragraph (1), four hundred
million dollars ($400,000,000) shall be available, upon appropriation
by the Legislature, to the department for intercity rail
improvements, of which one hundred twenty-five million dollars
($125,000,000) shall be used for the procurement of additional
intercity railcars and locomotives.
(3) Of the funds remaining after the allocations in paragraph (2),
50 percent shall be distributed to the Controller, for allocation to
eligible agencies using the formula in Section 99314 of the Public
Utilities Code, and 50 percent shall be distributed to the
Controller, for allocation to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections.
(g) One billion dollars ($1,000,000,000) shall be deposited in the
State-Local Partnership Program Account, which is hereby created in
the fund. The funds shall be available, upon appropriation by the
Legislature and subject to such conditions and criteria as the
Legislature may provide by statute, for allocation by the California
Transportation Commission over a five-year period to eligible
transportation projects nominated by an applicant transportation
agency. A dollar-for-dollar match of local funds shall be required
for an applicant transportation agency to receive state funds under
this program.
(h) One billion dollars ($1,000,000,000) shall be deposited in the
Transit System Safety, Security, and Disaster Response Account,
which is hereby created in the fund. Funds in the account shall be
made available, upon appropriation by the Legislature and subject to
such conditions and criteria as the Legislature may provide by
statute, for capital projects that provide increased protection
against a security and safety threat, and for capital expenditures to
increase the capacity of transit operators, including waterborne
transit operators, to develop disaster response transportation
systems that can move people, goods, and emergency personnel and
equipment in the aftermath of a disaster impairing the mobility of
goods, people, and equipment.
(i) One hundred twenty-five million dollars ($125,000,000) shall
be deposited in the Local Bridge Seismic Retrofit Account, which is
hereby created in the fund. The funds in the account shall be used,
upon appropriation by the Legislature, to provide the 11.5 percent
required match for federal Highway Bridge Replacement and Repair
funds available to the state for seismic work on local bridges,
ramps, and overpasses, as identified by the Department of
Transportation.
(j) (1) Two hundred fifty million dollars ($250,000,000) shall be
deposited in the Highway-Railroad Crossing Safety Account, which is
hereby created in the fund. Funds in the account shall be available,
upon appropriation by the Legislature, to the Department of
Transportation for the completion of high-priority grade separation
and railroad crossing safety improvements. Funds in the account shall
be made available for allocation pursuant to the process established
in Chapter 10 (commencing with Section 2450) of Division 3 of the
Streets and Highways Code, except that a dollar-for-dollar match of
nonstate funds shall be provided for each project, and the limitation
on maximum project cost in subdivision (g) of Section 2454 of the
Streets and Highways Code shall not be applicable to projects funded
with these funds.
(2) Notwithstanding the funding allocation process described in
paragraph (1), in consultation with the department and the Public
Utilities Commission, the California Transportation Commission shall
allocate one hundred million dollars ($100,000,000) of the funds in
the account to high-priority railroad crossing improvements,
including grade separation projects, that are not part of the process
established in Chapter 10 (commencing with Section 2450) of Division
3 of the Streets and Highways Code. The allocation of funds under
this paragraph shall be made in consultation and coordination with
the High-Speed Rail Authority created pursuant to Division 19.5
(commencing with Section 185000) of the Public Utilities Code.
(k) (1) Seven hundred fifty million dollars ($750,000,000) shall
be deposited in the Highway Safety, Rehabilitation, and Preservation
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, to the
Department of Transportation, as allocated by the California
Transportation Commission, for the purposes of the state highway
operation and protection program as described in Section 14526.5.
(2) The department shall develop a program for distribution of two
hundred fifty million dollars ($250,000,000) from the funds
identified in paragraph (1) to fund traffic light synchronization
projects or other technology-based improvements to improve safety,
operations, and the effective capacity of local streets and roads.
(l) (1) Two billion dollars ($2,000,000,000) shall be deposited in
the Local Streets and Road Improvement, Congestion Relief, and
Traffic Safety Account of 2006, which is hereby created in the fund.
The proceeds of bonds deposited into that account shall be available,
upon appropriation by the Legislature, for the purposes specified in
this subdivision to the Controller for administration and allocation
in the fiscal year in which the bonds are issued and sold, including
any interest or other return earned on the investment of those
moneys, in the following manner:
(A) Fifty percent to the counties, including a city and county, in
accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
clause, any roads within the boundaries of a city and county that
are not state highways shall be deemed to be county roads.
(B) Fifty percent to the cities, including a city and county,
apportioned among the cities in the proportion that the total
population of the city bears to the total population of all the
cities in the state, provided, however, that the Controller shall
allocate a minimum of four hundred thousand dollars ($400,000) to
each city, pursuant to this subparagraph.
(2) Funds received under this subdivision shall be deposited as
follows in order to avoid the commingling of those funds with other
local funds:
(A) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for local streets
and roads.
(B) In the case of an eligible county, into the county road fund.
(C) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for local
streets and roads.
(3) For the purpose of allocating funds under this subdivision to
cities and a city and county, the Controller shall use the most
recent population estimates prepared by the Demographic Research Unit
of the Department of Finance. For a city that incorporated after
January 1, 1998, that does not appear on the most recent population
estimates prepared by the Demographic Research Unit, the Controller
shall use the population determined for that city under Section
11005.3 of the Revenue and Taxation Code.
(4) Funds apportioned to a city, county, or city and county under
this subdivision, including any interest or other return earned on
the investment of those funds, shall be used for improvements to
transportation facilities that will assist in reducing local traffic
congestion and further deterioration, improving traffic flows, or
increasing traffic safety that may include, but not be limited to,
street and highway pavement maintenance, rehabilitation,
installation, construction, and reconstruction of necessary
associated facilities such as drainage and traffic control devices,
or the maintenance, rehabilitation, installation, construction, and
reconstruction of facilities that expand ridership on transit
systems, safety projects to reduce fatalities, or as a local match to
obtain state or federal transportation funds for similar purposes.
(5) At the conclusion of each fiscal year during which a city or
county expends the funds it has received under this subdivision,
including any interest or other return earned on the investment of
these funds, the Controller may verify the city's or county's
compliance with paragraph (4). Any city or county that has not
complied with paragraph (4) shall reimburse the state for the funds
it received during that fiscal year, including any interest or other
return earned on the investment of these funds. Any funds withheld or
returned as a result of a failure to comply with paragraph (4) shall
be reallocated to the other counties and cities whose expenditures
are in compliance.
SEC. 251. SEC. 226. Section 8879.27
of the Government Code is amended to read:
8879.27. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Committee is hereby
created. For the purposes of this chapter, the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Committee is "the
committee" as that term is used in the State General Obligation Bond
Law. The committee consists of the Treasurer, the Controller, the
Director of Finance, and the Secretary of Transportation, or a
designated representative of each of those officials. The Treasurer
shall serve as the chairperson of the committee. A majority of the
committee may act for the committee.
(b) The committee may adopt guidelines establishing requirements
for administration of its financing programs to the extent necessary
to protect the validity of, and tax exemption for, interest on the
bonds. The guidelines shall not constitute rules, regulations,
orders, or standards of general application.
(c) For the purposes of the State General Obligation Bond Law, any
department receiving an allocation pursuant to this chapter is
designated to be the "board."
SEC. 252. SEC. 227. Section 8879.50
of the Government Code is amended to read:
8879.50. (a) As used in this chapter and in Chapter 12.49
(commencing with Section 8879.20), the following terms have the
following meanings:
(1) "Commission" means the California Transportation Commission.
(2) "Department" means the Department of Transportation.
(3) "Administrative agency" means the state agency responsible for
programming bond funds made available by Chapter 12.49 (commencing
with Section 8879.20), as specified in subdivision (c).
(4) Unless otherwise specified in this chapter, "project" includes
equipment purchase, construction, right-of-way acquisition, and
project delivery costs.
(5) "Recipient agency" means the recipient of bond funds made
available by Chapter 12.49 (commencing with Section 8879.20) that is
responsible for implementation of an approved project.
(6) "Fund" shall have the same meaning as in subdivision (c) of
Section 8879.20.
(b) Administrative costs, including audit and program oversight
costs for agencies, commissions, or departments administering
programs funded pursuant to this chapter, recoverable by bond funds
shall not exceed 3 percent of the program's cost.
(c) The administrative agency for each bond account is as follows:
(1) The commission is the administrative agency for the Corridor
Mobility Improvement Account; the Trade Corridors Improvement Fund;
the Transportation Facilities Account; the State Route 99 Account;
the State-Local Partnership Program Account; the Local Bridge Seismic
Retrofit Account; the Highway-Railroad Crossing Safety Account; and
the Highway Safety, Rehabilitation, and Preservation Account.
(2) The Office of Emergency Services is the administrative agency
for the Port and Maritime Security Account and the Transit System
Safety, Security, and Disaster Response Account.
(3) The department is the administrative agency for the Public
Transportation Modernization, Improvement, and Service Enhancement
Account.
(d) The administrative agency shall not approve project fund
allocations for a project until the recipient agency provides a
project funding plan that demonstrates that the funds are expected to
be reasonably available and sufficient to complete the project. The
administrative agency may approve funding for usable project segments
only if the benefits associated with each individual segment are
sufficient to meet the objectives of the program from which the
individual segment is funded.
(e) Guidelines adopted by the administrative agency pursuant to
this chapter and Chapter 12.49 (commencing with Section 8879.20) are
intended to provide internal guidance for the agency and shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3), and shall do all of
the following:
(1) Provide for the audit of project expenditures and outcomes.
(2) Require that the useful life of the project be identified as
part of the project nomination process.
(3) Require that project nominations have project delivery
milestones, including, but not limited to, start and completion dates
for environmental clearance, land acquisition, design, construction
bid award, construction completion, and project closeout, as
applicable.
(f) (1) As a condition for allocation of funds to a specific
project under Chapter 12.49 (commencing with Section 8879.20), the
administrative agency shall require the recipient agency to report,
on a semiannual basis, on the activities and progress made toward
implementation of the project. If it is anticipated that project
costs will exceed the approved project budget, the recipient agency
shall provide a plan to the administrative agency for achieving the
benefits of the project by either downscoping the project to remain
within budget or by identifying an alternative funding source to meet
the cost increase. The administrative agency may either approve the
corrective plan or direct the recipient agency to modify its plan.
(2) Within six months of the project becoming operable, the
recipient agency shall provide a report to the administrative agency
on the final costs of the project as compared to the approved project
budget, the project duration as compared to the original project
schedule as of the date of allocation, and performance outcomes
derived from the project compared to those described in the original
application for funding. The administrative agency shall forward the
report to the Department of Finance by means approved by the
Department of Finance.
SEC. 253. SEC. 228. Section 8879.53
of the Government Code is amended to read:
8879.53. (a) Funds for the program contained in paragraph (3) of
subdivision (c) of Section 8879.23 shall be deposited in the Port and
Maritime Security Account, which is hereby created in the fund. For
purposes of this section, "agency" or "office" means the Office of
Emergency Services.
(b) Funds in the account shall be available to the office, upon
appropriation by the Legislature. Funds shall be made available as
grants to eligible applicants, as defined in paragraph (3) of
subdivision (c) of Section 8879.23, for capital projects that
include, but are not limited to, those projects described in
paragraph (3) of subdivision (c) of Section 8879.23.
(c) Prior to allocating funds to projects from the account, the
office shall adopt guidelines to establish the criteria and process
for the distribution of funds. At least 30 days prior to adopting the
guidelines, the office shall hold a public hearing on the proposed
guidelines and shall provide opportunity for public review and
comment.
(d) In allocating funds from the account, the office shall do the
following:
(1) Address the state's most urgent maritime security needs.
(2) Balance the demands of the various large and small ports.
(3) Provide reasonable geographic balance in the distribution of
funds.
(e) The unencumbered balance of any funds appropriated to the
office prior to June 30, 2009, for purposes of this section, shall
remain available to the office for encumbrance pursuant to this
section until June 30, 2012.
(f) The office's activities to implement this section shall be
incorporated into the report to the Legislature required in paragraph
(3) of subdivision (c) of Section 8879.23.
SEC. 254. SEC. 229. Section 8879.57
of the Government Code is amended to read:
8879.57. Funds made available, upon appropriation of the
Legislature, from the Transit System Safety, Security, and Disaster
Response Account, created in subdivision (h) of Section 8879.23,
shall be allocated as follows:
(a) (1) Sixty percent of available funds shall be allocated for
capital expenditures to agencies and transit operators eligible to
receive State Transit Assistance funds using the formula in Sections
99313 and 99314 of the Public Utilities Code, including commuter rail
operators eligible to receive State Transit Assistance funds. Of
these funds, 50 percent shall be allocated to eligible agencies using
the formula in Section 99314 of the Public Utilities Code, and 50
percent shall be allocated to eligible agencies using the formula in
Section 99313 of the Public Utilities Code, subject to the provisions
governing funds allocated under those sections. Funds allocated to
the Metropolitan Transportation Commission using the formula in
Section 99313 of the Public Utilities Code shall be suballocated to
transit operators within its jurisdiction using the formula in
Section 99314 of the Public Utilities Code. In the region served by
the multicounty transportation planning agency described in Section
130004 of the Public Utilities Code, funds that are to be allocated
using the formula in Section 99314 of the Public Utilities Code for
the Southern California Regional Rail Authority shall be allocated to
the applicable county transportation commission in each county
served by the authority within that region. The county transportation
commission, subject to the applicable provisions governing funds
allocated under that section that are consistent with this section,
shall use or allocate the funds for eligible capital expenditures as
described in paragraph (2), including, but not limited to, eligible
expenditures on the system of the Southern California Regional Rail
Authority. The county transportation commission may suballocate these
funds to the Southern California Regional Rail Authority for those
purposes.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects approved by the
Office of Emergency Services.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(b) (1) Twenty-five percent of available funds shall be allocated
for capital expenditures to regional public waterborne transit
agencies authorized to operate a regional public water transit
system, including the operation of water transit vessels, terminals,
and feeder buses, and not otherwise eligible to receive State Transit
Assistance funds as of the effective date of this article. Funds
shall be allocated for eligible capital expenditures that enhance the
capacity of regional public waterborne transit agencies to provide
disaster response transportation systems that can move people, goods,
and emergency personnel and equipment in the aftermath of a disaster
or emergency.
(2) Eligible capital expenditures include, but are not limited to,
the construction or acquisition of new vessels, the capital
improvement or construction of docks, terminals, or other waterborne
transit facilities, the purchase of related equipment, and the
construction of fueling facilities. A project shall (A) provide
capital facilities and equipment to
a regional public waterborne transit system that enhances
the ability of the system to respond to a regional emergency, (B) be
included in a regional plan, including, but not limited to, a
regional plan for waterborne transit expansion or disaster response
preparedness, and (C) provide maximum flexibility in responding to
disasters or emergencies.
(c) (1) Fifteen percent of available funds shall be made available
for capital expenditures to the intercity passenger rail system
described in Section 14035 and to the commuter rail systems operated
by the entities specified in Section 14072 and in Section 99314.1 of
the Public Utilities Code.
(2) Eligible capital expenditures shall include either of the
following:
(A) A capital project that provides increased protection against a
security or safety threat, including, but not limited to, the
following:
(i) Construction or renovation projects that are designed to
enhance the security of public transit stations, tunnels, guideways,
elevated structures, or other transit facilities and equipment.
(ii) Explosive device mitigation and remediation equipment.
(iii) Chemical, biological, radiological, and nuclear explosives
search, rescue, or response equipment.
(iv) Interoperable communications equipment.
(v) Physical security enhancement equipment.
(vi) The installation of fencing, barriers, gates, or related
security enhancements that are designed to improve the physical
security of transit stations, tunnels, guideways, elevated
structures, or other transit facilities and equipment.
(vii) Other safety- or security-related projects approved by the
Office of Emergency Services.
(B) Capital expenditures to increase the capacity of transit
operators to develop disaster response transportation systems that
can move people, goods, and emergency personnel and equipment in the
aftermath of a disaster impairing the mobility of goods, people, and
equipment.
(d) (1) An entity that is eligible to receive funds pursuant to
subdivision (a) or (c) shall, within 45 days of the date the
Controller makes public the list of eligible recipients pursuant to
Section 8879.58, provide a document, in a form as designated by the
Office of Emergency Services, to the Office of Emergency Services
that indicates the intent to use those funds, the project or projects
for which the funds will be used, and a schedule of funds to be
drawn down. If the entity does not submit the document required under
this paragraph, the funds allocated to the entity pursuant to
subdivision (a) or (c) shall be reallocated by the Office of
Emergency Services in accordance with paragraph (2). This paragraph
also applies to transit operators receiving a suballocation from a
transportation planning agency, in which case the operator rather
than the transportation planning agency is required to provide the
document.
(2) The Office of Emergency Services shall notify the
transportation planning agency if funds allocated to an entity within
the region of the transportation planning agency are being
reallocated pursuant to paragraph (1). The transportation planning
agency shall have 30 days to provide a document, in a form as
designated by the Office of Emergency Services, to the Office of
Emergency Services indicating its intent to distribute those funds to
transit operators or rail operators for purposes authorized under
subdivision (a) or (c). An agency providing that document shall
receive an allocation of the funds. If the transportation planning
agency does not provide the document within 30 days, the Office of
Emergency Services may allocate the funds on a competitive basis,
pursuant to guidelines established by the Office of Emergency
Services, to an entity in a different region of the state that is an
eligible entity under subdivision (a) or (c). An eligible entity that
is notified that it will be awarded these funds shall, as a
condition of receiving the funds, satisfy the requirements of
paragraph (1) within 45 days of being advised of the reallocation. As
used in this subdivision, "transportation planning agency" includes
the county transportation commission in counties that have such a
commission.
(3) The formula that applies to State Transit Assistance funds
shall not apply to a reallocation of funds under this subdivision.
SEC. 255. SEC. 230. Section 8879.58
of the Government Code, as amended by Section 8 of Chapter 32 of the
Statutes of 2012, is amended to read:
8879.58. (a) (1) No later than September 1 of the first fiscal
year in which the Legislature appropriates funds from the Transit
System Safety, Security, and Disaster Response Account, and no later
than September 1 of each fiscal year thereafter in which funds are
appropriated from that account, the Controller shall develop and make
public a list of eligible agencies and transit operators and the
amount of funds each is eligible to receive from the account pursuant
to subdivision (a) of Section 8879.57. It is the intent of the
Legislature that funds allocated to specified recipients pursuant to
this section provide each recipient with the same proportional share
of funds as the proportional share each received from the allocation
of State Transit Assistance funds, pursuant to Sections 99313 and
99314 of the Public Utilities Code, over fiscal years 2004-05,
2005-06, and 2006-07.
(2) In establishing the amount of funding each eligible recipient
is to receive under subdivision (a) of Section 8879.57 from
appropriated funds to be allocated based on Section 99313 of the
Public Utilities Code, the Controller shall make the following
computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99313 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(3) In establishing the amount of funding each eligible recipient
is eligible to receive under subdivision (a) of Section 8879.57 from
funds to be allocated based on Section 99314 of the Public Utilities
Code, the Controller shall make the following computations:
(A) For each eligible recipient, compute the amounts of State
Transit Assistance funds allocated to that recipient pursuant to
Section 99314 of the Public Utilities Code during the 2004-05,
2005-06, and 2006-07 fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each eligible recipient, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
available for allocation pursuant to subdivision (a) of Section
8879.57.
(4) The Controller shall notify eligible recipients of the amount
of funding each is eligible to receive pursuant to subdivision (a) of
Section 8879.57 for the duration of time that these funds are made
available for these purposes based on the computations pursuant to
subparagraph (D) of paragraph (2) and subparagraph (D) of paragraph
(3).
(b) Prior to seeking a disbursement of funds for an eligible
project, an agency or transit operator on the public list described
in paragraph (1) of subdivision (a) shall submit to the Office of
Emergency Services a description of the project it proposes to fund
with its share of funds from the account. The description shall
include all of the following:
(1) A summary of the proposed project that describes the safety,
security, or emergency response benefit that the project intends to
achieve.
(2) That the useful life of the project shall not be less than the
required useful life for capital assets specified in subdivision (a)
of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the agency shall review the information to
determine all of the following:
(1) The project is consistent with the purposes described in
subdivision (h) of Section 8879.23.
(2) The project is an eligible capital expenditure, as described
in subdivision (a) of Section 8879.57.
(3) The project is a capital improvement that meets the
requirements of paragraph (2) of subdivision (b).
(4) The project, or a useful component thereof, is, or will
become, fully funded with an allocation of funds from the Transit
System Safety, Security, and Disaster Response Account.
(d) (1) Upon conducting the review required in subdivision (c) and
determining that a proposed project meets the requirements of that
subdivision, the agency shall, on a quarterly basis, provide the
Controller with a list of projects and the sponsoring agencies or
transit operators eligible to receive an allocation from the account.
(2) The list of projects submitted to the Controller for
allocation for any one fiscal year shall be constrained by the total
amount of funds appropriated by the Legislature for the purposes of
this section for that fiscal year.
(3) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the agency
shall prioritize projects contained on the lists submitted pursuant
to paragraph (1) so that (A) projects addressing the greatest risks
to the public and that demonstrate the ability and intent to expend a
significant percentage of project funds within six months have the
highest priority and (B) to the maximum extent possible, the list
reflects a distribution of funding that is geographically balanced.
(e) Upon receipt of the information from the agency required by
subdivision (d), the Controller's office shall commence any necessary
actions to allocate funds to eligible agencies and transit operators
sponsoring projects on the list of projects, including, but not
limited to, seeking the issuance of bonds for that purpose. The total
allocations to any one eligible agency or transit operator shall not
exceed that agency's or transit operator's share of funds from the
account pursuant to the formula contained in subdivision (a) of
Section 8879.57.
(f) During each fiscal year that an agency or transit operator
receives funds pursuant to this section, the Office of Emergency
Services may monitor the project expenditures to ensure compliance
with this section.
(g) The Controller's office may, pursuant to Section 12410, use
its authority to audit the use of state bond funds on projects
receiving an allocation under this section. Each eligible agency or
transit operator sponsoring a project subject to an audit shall
provide any and all data requested by the Controller's office in
order to complete the audit. The Controller's office shall transmit
copies of all completed audits to the agency and to the policy
committees of the Legislature with jurisdiction over transportation
and budget issues.
SEC. 256. SEC. 231. Section 8879.59
of the Government Code, as amended by Section 9 of Chapter 32 of the
Statutes of 2012, is amended to read:
8879.59. (a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
transit agencies eligible to receive funds pursuant to subdivision
(b) of Section 8879.57, the Office of Emergency Services shall
administer a grant application and award program for those transit
agencies.
(b) Funds awarded to transit agencies pursuant to this section
shall be for eligible capital expenditures as described in
subdivision (b) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the office shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the office shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the office shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible transit agencies may
submit project nominations for funding to the office for its review
and consideration. Project nominations shall include all of the
following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) For a fiscal year in which the number of projects submitted
for funding under this section exceeds available funds, the office
shall prioritize projects so that projects addressing the greatest
risks to the public and that demonstrate the ability and intent to
expend a significant percentage of project funds within six months
have the highest priority.
(g) No later than February 1, the office shall select eligible
projects to receive grants under this section and shall provide the
Controller with a list of the projects and the sponsoring agencies
eligible to receive an allocation from the account. Upon receipt of
this information, the Controller's office shall commence any
necessary actions to allocate funds to those agencies, including, but
not limited to, seeking the issuance of bonds for that purpose.
Grants awarded to eligible transit agencies pursuant to subdivision
(b) of Section 8879.57 shall be for eligible capital expenditures, as
described in paragraph (2) of subdivision (b) of that section.
(h) During each fiscal year that a transit agency receives funds
pursuant to this section, the office may monitor the project
expenditures to ensure project funds are expended in compliance with
the submitted project nomination.
SEC. 257. SEC. 232. Section 8879.60
of the Government Code is amended to read:
8879.60. (a) For funds appropriated from the Transit System
Safety, Security, and Disaster Response Account for allocation to
intercity and commuter rail operators eligible to receive funds
pursuant to subdivision (c) of Section 8879.57, the Office of
Emergency Services shall administer a grant application and award
program for those intercity and commuter rail operators.
(b) Funds awarded to intercity and commuter rail operators
pursuant to this section shall be for eligible capital expenditures
as described in subdivision (c) of Section 8879.57.
(c) Prior to allocating funds to projects pursuant to this
section, the office shall adopt guidelines to establish the criteria
and process for the distribution of funds described in this section.
Prior to adopting the guidelines, the office shall hold a public
hearing on the proposed guidelines.
(d) For each fiscal year in which funds are appropriated for the
purposes of this section, the office shall issue a notice of funding
availability no later than October 1.
(e) No later than December 1 of each fiscal year in which the
notice in subdivision (d) is issued, eligible intercity and commuter
rail operators may submit project nominations for funding to the
agency for its review and consideration. Project nominations shall
include all of the following:
(1) A description of the project, which shall illustrate the
physical components of the project and the security or emergency
response benefit to be achieved by the completion of the project.
(2) Identification of all nonbond sources of funding committed to
the project.
(3) An estimate of the project's full cost and the proposed
schedule for the project's completion.
(f) No later than February 1, the office shall select eligible
projects to receive grants under this section. Grants awarded to
intercity and commuter rail operators pursuant to subdivision (c) of
Section 8879.57 shall be for eligible capital expenditures, as
described in subparagraphs (A) and (B) of paragraph (2) of
subdivision (c) of that section.
SEC. 258. SEC. 233. Section 8879.61
of the Government Code is amended to read:
8879.61. (a) (1) Entities described in subdivisions (a), (b), and
(c) of Section 8879.57 receiving an allocation of funds pursuant to
this article shall expend those funds within three fiscal years of
the fiscal year in which the funds were allocated. Funds remaining
unexpended thereafter shall revert to the Office of Emergency
Services for reallocation under this article in subsequent fiscal
years.
(2) Notwithstanding paragraph (1), for an allocation of funds made
prior to June 30, 2011, to an entity described in subdivision (b) of
Section 8879.57, that entity shall have four fiscal years from the
last day of the fiscal year in which the funds were received by that
entity to expend those funds.
(b) Entities that receive grant awards from funds allocated
pursuant to subdivision (b) of Section 8879.57 are not eligible to
receive awards from the funds allocated pursuant to subdivision (a)
of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
(d) On or before May 1 of each year, the Office of Emergency
Services shall report to the Senate Committee on Budget and Fiscal
Review, the Assembly Committee on Budget, the Senate Committee on
Transportation and Housing, the Assembly Committee on Transportation,
and the Legislative Analyst's Office on its activities under this
article. The report shall include a summary of the projects selected
for funding during the fiscal year in which awards were made, the
status of projects selected for funding in prior fiscal years, and a
list of all transit entities that have not used funds allocated to
the transit entities pursuant to Section 8879.57.
SEC. 259. SEC. 234. Section 8886 of
the Government Code is amended to read:
8886. (a) The membership of the California Broadband Council
shall include all of the following:
(1) The Director of Technology, or his or her designee.
(2) The President of the Public Utilities Commission, or his or
her designee.
(3) The Director of Emergency Services, or his or her designee.
(4) The Superintendent of Public Instruction, or his or her
designee.
(5) The Director of General Services, or his or her designee.
(6) The Secretary of Transportation, or his or her designee.
(7) The President of the California Emerging Technology Fund, or
his or her designee.
(8) A member of the Senate, appointed by the Senate Committee on
Rules.
(9) A member of the Assembly, appointed by the Speaker of the
Assembly.
(b) Members of the Legislature appointed to the council shall
participate in the activities of the council to the extent that their
participation is not incompatible with their positions as Members of
the Legislature.
SEC. 260. SEC. 235. Section 11018.5
of the Government Code is amended to read:
11018.5. (a) The Bureau of Real Estate, on or after July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99, shall provide on the
Internet information regarding the status of every license issued by
that entity in accordance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code), including information relative to
suspensions and revocations of licenses issued by that state agency
and other related enforcement action taken against persons,
businesses, or facilities subject to licensure or regulation by a
state agency.
(b) The Bureau of Real Estate shall disclose information on its
licensees, including real estate brokers and agents, on the Internet
that is in compliance with the bureau's public record access
guidelines. In instances where licensees use their home address as a
mailing address, the bureau shall allow licensees to provide a post
office box number or other alternate address where correspondence may
be received. Notwithstanding the foregoing, real estate brokers
shall provide the bureau with the actual address of their place or
places of business as required by Section 10162 of the Business and
Professions Code.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
SEC. 261. SEC. 236. Section 11126 of
the Government Code is amended to read:
11126. (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee includes a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
(9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(10) Prevent the Franchise Tax Board from holding closed
sessions for the purpose of discussion of confidential tax returns
or information the public disclosure of which is prohibited by law,
or from considering matters pertaining to the appointment or removal
of the Executive Officer of the Franchise Tax Board.
(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code.
(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.
(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
(14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 9 (commencing with
Section 60850) of, Part 33 of Division 4 of Title 2 of the Education
Code during which actual test content is reviewed and discussed. The
purpose of this provision is to maintain the confidentiality of the
assessments under review.
(15) Prevent the Department of Resources Recycling and Recovery or
its auxiliary committees from holding closed sessions for the
purpose of discussing confidential tax returns, discussing trade
secrets or confidential or proprietary information in its possession,
or discussing other data, the public disclosure of which is
prohibited by law.
(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
(17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security of
the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.
(B) Notwithstanding any other provision of law, a state body, at
any regular or special meeting, may meet in a closed session pursuant
to subparagraph (A) upon a two-thirds vote of the members present at
the meeting.
(C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
(19) Prevent the California Sex Offender Management Board from
holding a closed session for the purpose of discussing matters
pertaining to the application of a sex offender treatment provider
for certification pursuant to Sections 290.09 and 9003 of the Penal
Code. Those matters may include review of an applicant's
qualifications for certification.
(d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
(ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
(C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
(3) Prevent the enforcement advisory committee established by the
California Board of Accountancy pursuant to Section 5020 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
the qualifications examining committee established by the California
Board of Accountancy pursuant to Section 5023 of the Business and
Professions Code from conducting a closed hearing to interview an
individual applicant or accountant regarding the applicant's
qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of Emergency
Services or the Governor concerning matters relating to volcanic or
earthquake predictions, from holding closed sessions when considering
the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of Title 2.
(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering matters
related to the development of rates and contracting strategy for
entities contracting or seeking to contract with the board, entities
with which the board is considering a contract, or entities with
which the board is considering or enters into any other arrangement
under which the board provides, receives, or arranges services or
reimbursement, pursuant to Part 6.2 (commencing with Section 12693),
Part 6.3 (commencing with Section 12695), Part 6.4 (commencing with
Section 12699.50), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), or Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code.
(j) Nothing in this article shall be construed to prevent the
board of the State Compensation Insurance Fund from holding closed
sessions in the following:
(1) When considering matters related to claims pursuant to Chapter
1 (commencing with Section 3200) of Division 4 of the Labor Code, to
the extent that confidential medical information or other
individually identifiable information would be disclosed.
(2) To the extent that matters related to audits and
investigations that have not been completed would be disclosed.
(3) To the extent that an internal audit containing proprietary
information would be disclosed.
(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive
strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.
(k) The State Compensation Insurance Fund shall comply with the
procedures specified in Section 11125.4 of the Government Code with
respect to any closed session or meeting authorized by subdivision
(j), and in addition shall provide an opportunity for a member of the
public to be heard on the issue of the appropriateness of closing
the meeting or session.
SEC. 262. SEC. 237. Section 11340.2
of the Government Code is amended to read:
11340.2. (a) The Office of Administrative Law is hereby
established in state government in the Government Operations Agency.
The office shall be under the direction and control of an executive
officer who shall be known as the director. There shall also be a
deputy director. The director's term and the deputy director's term
of office shall be coterminous with that of the appointing power,
except that they shall be subject to reappointment.
(b) The director and deputy director shall have the same
qualifications as a hearing officer and shall be appointed by the
Governor subject to the confirmation of the Senate.
SEC. 263. Section 11534 of the Government Code
is amended to read:
11534. (a) There is in state government, in the Government
Operations Agency, the Department of Technology, which shall include
an Office of Technology Services.
(b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology needs of
executive branch entities with accountability to customers for
providing secure services that are responsive to client needs at a
cost representing best value to the state.
(c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.
(d) Unless the context clearly requires otherwise, whenever the
term "Department of Technology Services" appears in any statute,
regulation, or contract, it shall be deemed to refer to the
Department of Technology, and whenever the term "Director of
Technology Services" or "Secretary of California Technology" appears
in statute, regulation, or contract, or any other law, it shall be
deemed to refer to the Director of Technology.
(e) Unless the context clearly requires otherwise, the Department
of Technology and the Director of Technology succeed to and are
vested with all the duties, powers, purposes, responsibilities, and
jurisdiction vested in the former Office of Technology Services,
Department of Technology Services, Director of Technology Services,
and Secretary of California Technology, respectively.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Department of Technology, are transferred to the
Department of Technology. The status, positions, and rights of those
persons shall not be affected by their transfer and shall continue to
be retained by them pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5), except as to
positions the duties of which are vested in a position exempt from
civil service. The personnel records of all transferred employees
shall be transferred to the Department of Technology.
(g) The property of any office, agency, or department related to
functions transferred to the Department of Technology is transferred
to the Department of Technology. If any doubt arises as to where that
property is transferred, the Department of General Services shall
determine where the property is transferred.
(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Department of Technology
shall be transferred to the Department of Technology for the use and
for the purpose for which the appropriation was originally made or
the funds were originally available. If there is any doubt as to
where those balances and funds are transferred, the Department of
Finance shall determine where the balances and funds are transferred.
SEC. 264. Section 11541 of the Government Code
is amended to read:
11541. (a) The Department of Technology may acquire, install,
equip, maintain, and operate new or existing business
telecommunications systems and services. Acquisitions for information
technology goods and services shall be made pursuant to Chapter 3
(commencing with Section 12100) of Part 2 of Division 2 of the Public
Contract Code. To accomplish that purpose, the department may enter
into contracts, obtain licenses, acquire personal property, install
necessary equipment and facilities, and do other acts that will
provide adequate and efficient business telecommunications systems
and services. Any system established shall be made available to all
public agencies in the state on terms that may be agreed upon by the
agency and the department.
(b) With respect to business telecommunications systems and
services, the department may do all of the following:
(1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and other
public agencies regarding business telecommunications systems and
services issues.
(2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and services
between any and all public agencies.
(3) Recommend to public agencies rules, regulations, procedures,
and methods of operation that it deems necessary to effectuate the
most efficient and economical use of business telecommunications
systems and services within the state.
(4) Carry out the policies of this chapter.
(c) The department has responsibilities with respect to business
telecommunications systems, services, policy, and planning, which
include, but are not limited to, all of the following:
(1) Assessing the overall long-range business telecommunications
needs and requirements of the state considering both routine and
emergency operations for business telecommunications systems and
services, performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems and
requirements of public agencies.
(3) Recommending industry standards, service level agreements, and
solutions regarding business telecommunications systems and services
to ensure multiuser availability and compatibility.
(4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:
(A) Ensuring that the business telecommunications needs of state
agencies are met.
(B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state's strategic and tactical
plans for telecommunications.
(C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.
(5) Providing management oversight of statewide business
telecommunications systems and services developments.
(6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined by the
department.
(7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.
(d) The department shall develop and describe statewide policy on
the use of business telecommunications systems and services by state
agencies. In the development of that policy, the department shall
ensure that access to state business information and services is
improved, and that the policy is cost effective for the state and its
residents. The department shall develop guidelines that do all of
the following:
(1) Describe what types of state business information and services
may be accessed using business telecommunications systems and
services.
(2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.
(3) Characterize the conditions under which a state agency may
charge for information and services.
(4) Specify pricing policies.
(5) Provide other guidance as may be appropriate at the discretion
of the Office of Technology Services.
SEC. 265. Section 11542 of the Government Code
is amended to read:
11542. (a) (1) The Stephen P. Teale Data Center and the
California Health and Human Services Agency Data Center are
consolidated within, and their functions are transferred to, the
Department of Technology.
(2) Except as expressly provided otherwise in this chapter, the
Department of Technology is the successor to, and is vested with, all
of the duties, powers, purposes, responsibilities, and jurisdiction
of the Stephen P. Teale Data Center, and the California Health and
Human Services Agency Data Center. Any reference in statutes,
regulations, or contracts to those entities with respect to the
transferred functions shall be construed to refer to the Department
of Technology unless the context clearly requires otherwise.
(3) No contract, lease, license, or any other agreement to which
either the Stephen P. Teale Data Center or the California Health and
Human Services Agency Data Center is a party shall be void or
voidable by reason of this chapter, but shall continue in full force
and effect, with the Department of Technology assuming all of the
rights, obligations, and duties of the Stephen P. Teale Data Center
or the California Health and Human Services Agency Data Center,
respectively.
(4) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Department of Technology.
(5) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health and
Human Services Data Center Revolving Fund shall be construed to
refer to the Technology Services Revolving
Fund unless the context clearly requires
otherwise.
(6) All books, documents, records, and property of the Stephen P.
Teale Data Center and the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, shall be
transferred to the Department of Technology.
(7) (A) All officers and employees of the former Stephen P. Teale
Data Center and the California Health and Human Services Agency Data
Center, are transferred to the Department of Technology.
(B) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, shall not be affected by the transfer
and consolidation of the functions of that officer or employee to the
Department of Technology.
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to the
Department of Technology.
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" or "California Technology Agency" appears in any statute,
regulation, or contract, or any other law, it shall be deemed to
refer to the Department of Technology.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the California Technology Agency, are transferred to
the Department of Technology. The status, positions, and rights of
those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Department of Technology.
(4) The property of any office, agency, or department related to
functions transferred to the California Technology Agency, are
transferred to the Department of Technology. If any doubt arises as
to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Department of Technology
shall be transferred to the Department of Technology for the use and
for the purpose for which the appropriation was originally made or
the funds were originally available. If there is any doubt as to
where those balances and funds are transferred, the Department of
Finance shall determine where the balances and funds are transferred.
SEC. 266. Section 11546 of the Government Code,
as amended by Section 11 of Chapter 32 of the Statutes of 2012, is
amended to read:
11546. (a) The Department of Technology shall be responsible for
the approval and oversight of information technology projects, which
shall include, but are not limited to, all of the following:
(1) Establishing and maintaining a framework of policies,
procedures, and requirements for the initiation, approval,
implementation, management, oversight, and continuation of
information technology projects. Unless otherwise required by law, a
state department shall not procure oversight services of information
technology projects without the approval of the Department of
Technology.
(2) Evaluating information technology projects based on the
business case justification, resources requirements, proposed
technical solution, project management, oversight and risk mitigation
approach, and compliance with statewide strategies, policies, and
procedures. Projects shall continue to be funded through the
established Budget Act process.
(3) Consulting with agencies during initial project planning to
ensure that project proposals are based on well-defined programmatic
needs, clearly identify programmatic benefits, and consider feasible
alternatives to address the identified needs and benefits consistent
with statewide strategies, policies, and procedures.
(4) Consulting with agencies prior to project initiation to review
the project governance and management framework to ensure that it is
best designed for success and will serve as a resource for agencies
throughout the project implementation.
(5) Requiring agencies to provide information on information
technology projects including, but not limited to, all of the
following:
(A) The degree to which the project is within approved scope,
cost, and schedule.
(B) Project issues, risks, and corresponding mitigation efforts.
(C) The current estimated schedule and costs for project
completion.
(6) Requiring agencies to perform remedial measures to achieve
compliance with approved project objectives. These remedial measures
may include, but are not limited to, any of the following:
(A) Independent assessments of project activities, the cost of
which shall be funded by the agency administering the project.
(B) Establishing remediation plans.
(C) Securing appropriate expertise, the cost of which shall be
funded by the agency administering the project.
(D) Requiring additional project reporting.
(E) Requiring approval to initiate any action identified in the
approved project schedule.
(7) Suspending, reinstating, or terminating information technology
projects. The department shall notify the Joint Legislative Budget
Committee of any project suspension, reinstatement, and termination
within 30 days of that suspension, reinstatement, or termination.
(8) Establishing restrictions or other controls to mitigate
nonperformance by agencies, including, but not limited to, any of the
following:
(A) The restriction of future project approvals pending
demonstration of successful correction of the identified performance
failure.
(B) The revocation or reduction of authority for state agencies to
initiate information technology projects or acquire information
technology or telecommunications goods or services.
(b) The Department of Technology shall have the authority to
delegate to another agency any authority granted under this section
based on its assessment of the agency's project management, project
oversight, and project performance.
SEC. 267. SEC. 238. Section 11546.2
of the Government Code is amended to read:
11546.2. On or before February 1, 2011, and annually thereafter,
each state agency and state entity subject to Section 11546.1, shall
submit, as instructed by the Department of Technology, a summary of
its actual and projected information technology and
telecommunications costs, including personnel, for the immediately
preceding fiscal year and current fiscal year, showing current
expenses and projected expenses for the current fiscal year, in a
format prescribed by the Department of Technology in order to capture
statewide information technology expenditures.
SEC. 268. SEC. 239. Section 11546.3
of the Government Code is amended to read:
11546.3. (a) (1) A chief information officer appointed under
Section 11546.1 shall develop a plan to leverage cost-effective
strategies to reduce the total amount of energy utilized by
information technology and telecommunications equipment of the
officer's agency or entity, as the case may be, in support of the
statewide effort to reduce energy consumption by 20 percent below the
2009 baseline by July 1, 2011, and by 30 percent below the 2009
baseline by July 1, 2012.
(2) A chief information officer appointed under Section 11546.1
shall report the progress toward the energy reduction targets in
paragraph (1) to the Department of Technology on a quarterly basis
beginning in January 2011. The Department of Technology shall include
the quarterly reports on its Internet Web site.
(b) (1) A state agency or entity subject to Section 11546.1 shall
do all of the following:
(A) Comply with the policies of the Department of Technology to
reduce the total amount of office square footage currently utilized
for data centers by the agency or entity, as the case may be, in
support of the statewide effort to reduce energy consumption by 50
percent below the 2009 baseline by July 2011.
(B) Host all mission critical and public-facing applications and
server refreshes in a Tier III or equivalent data center, as
designated by the Department of Technology.
(C) Close any existing data centers or server rooms that house
nonnetwork equipment by June 2013. On or before July 2011, transition
plans, in accordance with guidance provided by the Department of
Technology, shall be submitted to the Department of Technology.
(D) Be in migration from its existing network services to the
California Government Network by no later than July 2011.
(E) Report to the Department of Technology on the progress toward
the targets listed in this subdivision on a quarterly basis,
beginning in January 2011.
(2) The Department of Technology shall include the quarterly
reports required by subparagraph (E) of paragraph (1) on its Internet
Web site.
(c) (1) A state agency or entity subject to Section 11546.1 shall
do both of the following:
(A) Be in migration to the state shared e-mail solution by no
later than June 2011.
(B) Report to the Department of Technology on the progress toward
the target listed in subparagraph (A) on a quarterly basis, beginning
in April 2011.
(2) The Department of Technology shall include the quarterly
reports required by subparagraph (B) of paragraph (1) on its Internet
Web site.
SEC. 269. SEC. 240. Section 11546.4
of the Government Code is amended to read:
11546.4. Notwithstanding any other law, any service contract
proposed to be entered into by an agency that would not otherwise be
subject to review, approval, or oversight by the Department of
Technology but that contains an information technology component that
would be subject to oversight by the Department of Technology if it
was a separate information technology project, shall be subject to
review, approval, and oversight by the Department of Technology as
set forth in Section 11546.
SEC. 270. SEC. 241. Section 11546.5
of the Government Code is amended to read:
11546.5. Notwithstanding any other law, all employees of the
Department of Technology shall be designated as excluded from
collective bargaining pursuant to subdivision (b) of Section 3527,
except for employees of the Office of Technology Services and
employees of the Public Safety Communications Division who are not
otherwise excluded from collective bargaining.
SEC. 271. SEC. 242. Section 11546.6
of the Government Code is amended to read:
11546.6. (a) The Director of Technology shall require fingerprint
images and associated information from an employee, prospective
employee, contractor, subcontractor, volunteer, or vendor whose
duties include, or would include, working on data center,
telecommunications, or network operations, engineering, or security
with access to confidential or sensitive information and data on the
network or computing infrastructure.
(b) The fingerprint images and associated information described in
subdivision (a) shall be furnished to the Department of Justice for
the purpose of obtaining information as to the existence and nature
of any of the following:
(1) A record of state or federal convictions and the existence and
nature of state or federal arrests for which the person is free on
bail or on his or her own recognizance pending trial or appeal.
(2) Being convicted of, or pleading nolo contendere to, a crime,
or having committed an act involving dishonesty, fraud, or deceit, if
the crime or act is substantially related to the qualifications,
functions, or duties of a person employed by the state in accordance
with this provision.
(3) Any conviction or arrest, for which the person is free on bail
or on his or her own recognizance pending trial or appeal, with a
reasonable nexus to the information or data to which the employee
shall have access.
(c) Requests for federal criminal offender record information
received by the Department of Justice pursuant to this section shall
be forwarded to the Federal Bureau of Investigation by the Department
of Justice.
(d) The Department of Justice shall respond to the Director of
Technology with information as provided under subdivision (p) of
Section 11105 of the Penal Code.
(e) The Director of Technology shall request subsequent arrest
notifications from the Department of Justice as provided under
Section 11105.2 of the Penal Code.
(f) The Department of Justice may assess a fee sufficient to cover
the processing costs required under this section, as authorized
pursuant to subdivision (e) of Section 11105 of the Penal Code.
(g) If an individual described in subdivision (a) is rejected as a
result of information contained in the Department of Justice or
Federal Bureau of Investigation criminal offender record information
response, the individual shall receive a copy of the response record
from the Director of Technology.
(h) The Director of Technology shall develop a written appeal
process for an individual described in subdivision (a) who is
determined ineligible for employment because of his or her Department
of Justice or Federal Bureau of Investigation criminal offender
record. Individuals shall not be found to be ineligible for
employment pursuant to this section until the appeal process is in
place.
(i) When considering the background information received pursuant
to this section, the Director of Technology shall take under
consideration any evidence of rehabilitation, including participation
in treatment programs, as well as the age and specifics of the
offense.
SEC. 272. Section 11549 of the Government Code
is amended to read:
11549. (a) There is in state government, in the Department of
Technology, the Office of Information Security. The purpose of the
Office of Information Security is to ensure the confidentiality,
integrity, and availability of state systems and applications, and to
promote and protect privacy as part of the development and
operations of state systems and applications to ensure the trust of
the residents of this state.
(b) The office shall be under the direction of a director, who
shall be appointed by, and serve at the pleasure of, the Governor.
The director shall report to the Director of Technology, and shall
lead the Office of Information Security in carrying out its mission.
(c) The duties of the Office of Information Security, under the
direction of the director, shall be to provide direction for
information security and privacy to state government agencies,
departments, and offices, pursuant to Section 11549.3.
(d) (1) Unless the context clearly requires otherwise, whenever
the term "Office of Information Security and Privacy Protection"
appears in any statute, regulation, or contract, it shall be deemed
to refer to the Office of Information Security, and whenever the term
"executive director of the Office of Information Security and
Privacy Protection" appears in statute, regulation, or contract, it
shall be deemed to refer to the Director of the Office of Information
Security.
(2) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred from the Office of Information Security and Privacy
Protection to the Office of Information Security, are transferred to
the Office of Information Security. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Information Security.
(3) The property of any office, agency, or department related to
functions transferred to the Office of Information Security is
transferred to the Office of Information Security. If any doubt
arises as to where that property is transferred, the Department of
General Services shall determine where the property is transferred.
(4) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Information
Security shall be transferred to the Office of Information Security
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 273. Section 11549.3 of the Government Code
is amended to read:
11549.3. (a) The director shall establish an information security
program. The program responsibilities include, but are not limited
to, all of the following:
(1) The creation, updating, and publishing of information security
and privacy policies, standards, and procedures for state agencies
in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:
(A) Information technology, which includes, but is not limited to,
all electronic technology systems and services, automated
information handling, system design and analysis, conversion of data,
computer programming, information storage and retrieval,
telecommunications, requisite system controls, simulation, electronic
commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical,
confidential, sensitive, or personal, as defined and published by the
Office of Information Security.
(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the
collection, tracking, and reporting of information regarding security
and privacy incidents.
(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency's
disaster recovery plan.
(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.
(6) Promotion and enhancement of the state agencies' risk
management and privacy programs through education, awareness,
collaboration, and consultation.
(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.
(b) An information security officer appointed pursuant to Section
11546.1 shall implement the policies and procedures issued by the
Office of Information Security, including, but not limited to,
performing all of the following duties:
(1) Comply with the information security and privacy policies,
standards, and procedures issued pursuant to this chapter by the
Office of Information Security.
(2) Comply with filing requirements and incident notification by
providing timely information and reports as required by policy or
directives of the office.
(c) The office may conduct, or require to be conducted,
independent security assessments of any state agency, department, or
office, the cost of which shall be funded by the state agency,
department, or office being assessed.
(d) The office may require an audit of information security to
ensure program compliance, the cost of which shall be funded by the
state agency, department, or office being audited.
(e) The office shall report to the Department of Technology any
state agency found to be noncompliant with information security
program requirements.
SEC. 274. SEC. 243. Section 11549.4
of the Government Code is amended to read:
11549.4. The office shall consult with the Director of
Technology, the Office of Emergency Services, the Director of General
Services, the Director of Finance, and any other relevant agencies
concerning policies, standards, and procedures related to information
security and privacy.
SEC. 275. SEC. 244. Section 11552 of
the Government Code is amended to read:
11552. (a) Effective January 1, 1988, an annual salary of
eighty-five thousand four hundred two dollars ($85,402) shall be paid
to each of the following:
(1) Commissioner of Business Oversight.
(2) Director of Transportation.
(3) Real Estate Commissioner.
(4) Director of Social Services.
(5) Director of Water Resources.
(6) Director of General Services.
(7) Director of Motor Vehicles.
(8) Executive Officer of the Franchise Tax Board.
(9) Director of Employment Development.
(10) Director of Alcoholic Beverage Control.
(11) Director of Housing and Community Development.
(12) Director of Alcohol and Drug Programs.
(13) Director of Statewide Health Planning and Development.
(14) Director of the Department of Human Resources.
(15) Director of Health Care Services.
(16) Director of State Hospitals.
(17) Director of Developmental Services.
(18) State Public Defender.
(19) Director of the California State Lottery.
(20) Director of Fish and Wildlife.
(21) Director of Parks and Recreation.
(22) Director of Rehabilitation.
(23) Director of the Office of Administrative Law.
(24) Director of Consumer Affairs.
(25) Director of Forestry and Fire Protection.
(26) The Inspector General pursuant to Section 6125 of the Penal
Code.
(27) Director of Child Support Services.
(28) Director of Industrial Relations.
(29) Director of Toxic Substances Control.
(30) Director of Pesticide Regulation.
(31) Director of Managed Health Care.
(32) Director of Environmental Health Hazard Assessment.
(33) Director of California Bay-Delta Authority.
(34) Director of California Conservation Corps.
(35) Director of Technology.
(36) Director of Emergency Services.
(b) The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 276. SEC. 245. Section 12012.90
of the Government Code is amended to read:
12012.90. (a) (1) For each fiscal year commencing with the
2002-03 fiscal year to the 2004-05 fiscal year, inclusive, the
California Gambling Control Commission shall determine the aggregate
amount of shortfalls in payments that occurred in the Indian Gaming
Revenue Sharing Trust Fund pursuant to Section 4.3.2.1 of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution as determined below:
(A) For each eligible recipient Indian tribe that received money
for all four quarters of the fiscal year, the difference between one
million one hundred thousand dollars ($1,100,000) and the actual
amount paid to each eligible recipient Indian tribe during the fiscal
year from the Indian Gaming Revenue Sharing Trust Fund.
(B) For each eligible recipient Indian tribe that received moneys
for less than four quarters of the fiscal year, the difference
between two hundred seventy-five thousand dollars ($275,000) for each
quarter in the fiscal year that a recipient Indian tribe was
eligible to receive moneys and the actual amount paid to each
eligible recipient Indian tribe during the fiscal year from the
Indian Gaming Revenue Sharing Trust Fund.
(2) For purposes of this section, "eligible recipient Indian tribe"
means a noncompact tribe, as defined in Section 4.3.2(a)(i) of the
tribal-state gaming compacts ratified and in effect as provided in
subdivision (f) of Section 19 of Article IV of the California
Constitution.
(b) The California Gambling Control Commission shall provide to
the committee in the Senate and Assembly that considers the State
Budget an estimate of the amount needed to backfill the Indian Gaming
Revenue Sharing Trust Fund on or before the date of the May budget
revision for each fiscal year.
(c) An eligible recipient Indian tribe may not receive an amount
from the backfill appropriated following the estimate made pursuant
to subdivision (b) that would give the eligible recipient Indian
tribe an aggregate amount in excess of two
hundred seventy-five thousand dollars ($275,000)
per eligible quarter. Any funds transferred from the Indian Gaming
Special Distribution Fund to the Indian Gaming Revenue Sharing Trust
Fund that result in a surplus shall revert back to the Indian Gaming
Special Distribution Fund following the authorization of the final
payment of the fiscal year.
(d) Upon a transfer of moneys from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund and
appropriation from the trust fund, the California Gambling Control
Commission shall distribute the moneys without delay to eligible
recipient Indian tribes for each quarter that a tribe was eligible to
receive a distribution during the fiscal year immediately preceding.
(e) For each fiscal year commencing with the 2005-06 fiscal year,
all of the following shall apply and subdivisions (b) to (d),
inclusive, shall not apply:
(1) On or before the day of the May budget revision for each
fiscal year, the California Gambling Control Commission shall
determine the anticipated total amount of shortfalls in payment
likely to occur in the Indian Gaming Revenue Sharing Trust Fund for
the upcoming fiscal year, and shall provide to the committee in the
Senate and Assembly that considers the State Budget an estimate of
the amount needed to transfer from the Indian Gaming Special
Distribution Fund to backfill the Indian Gaming Revenue Sharing Trust
Fund for the next fiscal year. The anticipated total amount of
shortfalls to be transferred from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
shall be determined by the California Gambling Control Commission as
follows:
(A) The anticipated number of eligible recipient tribes that will
be eligible to receive payments for the next fiscal year, multiplied
by one million one hundred thousand dollars ($1,100,000), with that
product reduced by the amount anticipated to be paid by the tribes
directly into the Indian Gaming Revenue Sharing Trust Fund for the
fiscal year.
(B) This amount shall be based upon actual payments received into
the Indian Gaming Revenue Sharing Trust Fund the previous fiscal
year, with adjustments made due to amendments to existing
tribal-state compacts or newly executed tribal-state compacts with
respect to payments to be made to the Indian Gaming Revenue Sharing
Trust Fund.
(2) The Legislature shall transfer from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund an
amount sufficient for each eligible recipient tribe to receive a
total not to exceed two hundred seventy-five thousand dollars
($275,000) for each quarter in the upcoming fiscal year an eligible
recipient tribe is eligible to receive moneys, for a total not to
exceed one million, one hundred thousand dollars ($1,100,000) for the
entire fiscal year. The California Gambling Control Commission shall
make quarterly payments from the Indian Gaming Revenue Sharing Trust
Fund to each eligible recipient Indian tribe within 45 days of the
end of each fiscal quarter.
(3) If the transfer of funds from the Indian Gaming Special
Distribution Fund to the Indian Gaming Revenue Sharing Trust Fund
results in a surplus, the funds shall remain in the Indian Gaming
Revenue Sharing Trust Fund for disbursement in future years, and if
necessary, adjustments shall be made to future distributions from the
Indian Gaming Special Distribution Fund to the Revenue Sharing Trust
Fund.
(4) In the event the amount appropriated for the fiscal year is
insufficient to ensure each eligible recipient tribe receives the
total of two hundred seventy-five thousand dollars ($275,000) for
each fiscal quarter, the Department of Finance, after consultation
with the California Gambling Control Commission, shall submit to the
Legislature a request for a budget augmentation for the current
fiscal year with an explanation as to the reason why the amount
appropriated for the fiscal year was insufficient.
(5) At the end of each fiscal quarter, the California Gambling
Control Commission's Indian Gaming Revenue Sharing Trust Fund report
shall include information that identifies each of the eligible
recipient tribes eligible to receive a distribution for that fiscal
quarter, the amount paid into the Indian Gaming Revenue Sharing Trust
Fund by each of the tribes pursuant to the applicable sections of
the tribal-state compact, and the amount necessary to backfill from
the Indian Gaming Special Distribution Fund the shortfall in the
Indian Gaming Revenue Sharing Trust Fund in order for each eligible
recipient tribe to receive the total of two hundred seventy-five
thousand dollars ($275,000) for the fiscal quarter.
SEC. 277. SEC. 246. Section 12463.1
of the Government Code is amended to read:
12463.1. (a) The Controller shall appoint an advisory committee
consisting of seven local governmental officers to assist him or her
in developing complete and adequate records.
(b) Whenever, in the opinion of the advisory committee and the
Controller, the public welfare demands that the reports of the
financial transactions of a district other than a school district be
published, the Controller shall notify the district that reports of
its financial transactions are required to be furnished to him or her
pursuant to Article 9 (commencing with Section 53890) of Chapter 4
of Part 1 of Division 2 of Title 5. A public entity, agency, board,
transportation planning agency designated by the Secretary of
Transportation pursuant to Section 29532, or commission provided for
by a joint powers agreement pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1, and a nonprofit corporation
as defined in subdivision (d), shall be deemed a district within the
meaning of this section. The Controller shall compile and publish
these reports pursuant to Section 12463.
(c) The Controller shall make available annually, in a separate
report, published in an electronic format on the Controller's Web
site, certain financial information about selected special districts.
The information provided in this report shall be published no later
than June 30 following the end of the annual reporting period. This
report may be included whenever the Controller publishes a report
pursuant to this section. The Controller shall include in his or her
report information that best illustrates the assets, liabilities, and
equity of selected districts. Specifically, the Controller shall
include in this report a breakdown of each special district's (1)
fund balance, which shall include the reserved and unreserved funds,
typical for a nonenterprise district; (2) retained earnings, which
shall include the reserved and unreserved funds, typical for
enterprise districts; (3) fixed assets; and (4) cash and investments.
The Controller may also include separate line items for "total
revenues" and "total expenditures." This report shall cover the 250
special districts with the largest total revenues for that reporting
period. When the report is available, the Controller shall notify the
Legislature, in writing, within one week of its publication.
(d) For purposes of this section, "nonprofit corporation" means
any nonprofit corporation (1) formed in accordance with the
provisions of a joint powers agreement to carry out functions
specified in the agreement; (2) that issued bonds, the interest on
which is exempt from federal income taxes, for the purpose of
purchasing land as a site for, or purchasing or constructing, a
building, stadium, or other facility, that is subject to a lease or
agreement with a local public entity; or (3) wholly owned by a public
agency.
SEC. 278. SEC. 247. Section 12803.2
is added to the Government Code, to read:
12803.2. (a) The Government Operations Agency shall consist of
all of the following:
(1) The Office of Administrative Law.
(2) The Public Employees' Retirement System.
(3) The State Teachers' Retirement System.
(4) The State Personnel Board.
(5) The California Victim Compensation and Government Claims
Board.
(6) The Department of General Services.
(7) The Department of Technology.
(8) The Franchise Tax Board.
(9) The Department of Human Resources.
(b) The Government Operations Agency shall be governed by the
Secretary of Government Operations pursuant to Section 12801.
However, the Director of Human Resources shall report directly to the
Governor on issues relating to labor relations.
SEC. 279. SEC. 248. Section 12804.7
of the Government Code is amended to read:
12804.7. The Natural Resources Agency succeeds to and is vested
with all the duties, powers, purposes, and responsibilities, and
jurisdiction vested in the Department of Food and Agriculture by Part
3 (commencing with Section 3801) of Division 3 of the Food and
Agricultural Code with respect to the Exposition Park.
SEC. 280. SEC. 249. Section 12813.5
is added to the Government Code, to read:
12813.5. The Public Employment Relations Board is in the Labor
and Workforce Development Agency.
SEC. 281. SEC. 250. Section 13901 of
the Government Code is amended to read:
13901. (a) There is within the Government Operations Agency the
California Victim Compensation and Government Claims Board.
(b) The board consists of the Secretary of Government Operations
or his or her designee and the Controller, both acting ex officio,
and a third member who shall be appointed by and serve at the
pleasure of the Governor. The third member may be a state officer who
shall act ex officio.
(c) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.
SEC. 282. SEC. 251. Section 13903 of
the Government Code is amended to read:
13903. The Secretary of Government Operations shall serve as
chair of the board.
SEC. 283. SEC. 252. Section 13975 of
the Government Code is repealed.
SEC. 284. SEC. 253. Section 13975 is
added to the Government Code, to read:
13975. There is in the state government the Transportation
Agency. The agency consists of the Department of the California
Highway Patrol, the California Transportation Commission, the
Department of Motor Vehicles, the Department of Transportation, the
High-Speed Rail Authority, and the Board of Pilot Commissioners for
the Bays of San Francisco, San Pablo, and Suisun.
SEC. 285. SEC. 254. Section 13975.1
of the Government Code is amended to read:
13975.1. (a) This section applies to every action brought in the
name of the people of the State of California by the Commissioner of
Business Oversight before, on, or after the effective date of this
section, when enforcing provisions of those laws administered by the
Commissioner of Business Oversight which authorize the Commissioner
of Business Oversight to seek a permanent or preliminary injunction,
restraining order, or writ of mandate, or the appointment of a
receiver, monitor, conservator, or other designated fiduciary or
officer of the court, except actions brought against any of the
licensees specified in subparagraphs (1) through (8), inclusive, of
subdivision (b) of Section 300 of the Financial Code that are
governed by other law. Upon a proper showing, a permanent or
preliminary injunction, restraining order, or writ of mandate shall
be granted and a receiver, monitor, conservator, or other designated
fiduciary or officer of the court may be appointed for the defendant
or the defendant's assets, or any other ancillary relief may be
granted as appropriate. The court may order that the expenses and
fees of the receiver, monitor, conservator, or other designated
fiduciary or officer of the court, be paid from the property held by
the receiver, monitor, conservator, or other court designated
fiduciary or officer, but neither the state, the Business, Consumer
Services and Housing Agency, nor the Department of Business Oversight
shall be liable for any of those expenses and fees, unless expressly
provided for by written contract.
(b) The receiver, monitor, conservator, or other designated
fiduciary or officer of the court may do any of the following subject
to the direction of the court:
(1) Sue for, collect, receive, and take into possession all the
real and personal property derived by any unlawful means, including
property with which that property or the proceeds thereof has been
commingled if that property or the proceeds thereof cannot be
identified in kind because of the commingling.
(2) Take possession of all books, records, and documents relating
to any unlawfully obtained property and the proceeds thereof. In
addition, they shall have the same right as a defendant to request,
obtain, inspect, copy, and obtain copies of books, records, and
documents maintained by third parties that relate to unlawfully
obtained property and the proceeds thereof.
(3) Transfer, encumber, manage, control, and hold all property
subject to the receivership, including the proceeds thereof, in the
manner directed or ratified by the court.
(4) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof to any person who committed,
aided or abetted, or participated in the commission of unlawful acts
or who had knowledge that the property had been unlawfully obtained.
(5) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made with the intent to
hinder or delay the recovery of that property or any interest in it
by the receiver or any person from whom the property was unlawfully
obtained.
(6) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof that was made within one year
before the date of the entry of the receivership order if less than
a reasonably equivalent value was given in exchange for the transfer,
except that a bona fide transferee for value and without notice that
the property had been unlawfully obtained may retain the interest
transferred until the value given in exchange for the transfer is
returned to the transferee.
(7) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made within 90 days before
the date of the entry of the receivership order to a transferee from
whom the defendant unlawfully obtained some property if (A) the
receiver establishes that the avoidance of the transfer will promote
a fair pro rata distribution of restitution among all people from
whom defendants unlawfully obtained property and (B) the transferee
cannot establish that the specific property transferred was the same
property which had been unlawfully obtained from the transferee.
(8) Exercise any power authorized by statute or ordered by the
court.
(c) No person with actual or constructive notice of the
receivership shall interfere with the discharge of the receiver's
duties.
(d) No person may file any action or enforce or create any lien,
or cause to be issued, served, or levied any summons, subpoena,
attachment, or writ of execution against the receiver or any property
subject to the receivership without first obtaining prior court
approval upon motion with notice to the receiver and the Commissioner
of Business Oversight. Any legal procedure described in this
subdivision commenced without prior court approval is void except as
to a bona fide purchaser or encumbrancer for value and without notice
of the receivership. No person without notice of the receivership
shall incur any liability for commencing or maintaining any legal
procedure described by this subdivision.
(e) The court has jurisdiction of all questions arising in the
receivership proceedings and may make any orders and judgments as may
be required, including orders after noticed motion by the receiver
to avoid transfers as provided in paragraphs (4), (5), (6), and (7)
of subdivision (b).
(f) This section is cumulative to all other provisions of law.
(g) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(h) The recordation of a copy of the receivership order imparts
constructive notice of the receivership in connection with any matter
involving real property located in the county in which the
receivership order is recorded.
SEC. 286. SEC. 255. Section 13976 of
the Government Code is amended to read:
13976. The agency is under the supervision of an executive
officer known as the Secretary of Transportation. He or she shall be
appointed by the Governor, subject to confirmation by the Senate, and
shall hold office at the pleasure of the Governor.
The annual salary of the secretary is provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2 of
this code.
As used in this part, "agency" and "secretary" refer to the
Transportation Agency and the Secretary of Transportation,
respectively, unless the context otherwise requires.
SEC. 287. SEC. 256. Section 13978.2
of the Government Code is amended to read:
13978.2. The Secretary of Transportation shall advise the
Governor on, and assist the Governor in establishing, major policy
and program matters affecting each department, office, or other unit
within the agency, and shall serve as the principal communication
link for the effective transmission of policy problems and decisions
between the Governor and each such department, office, or other unit.
SEC. 288. SEC. 257. Section 13978.4
of the Government Code is amended to read:
13978.4. The Secretary of Transportation shall exercise the
authority vested in the Governor in respect to the functions of each
department, office, or other unit within the agency, including the
adjudication of conflicts between or among the departments, offices,
or other units; and shall represent the Governor in coordinating the
activities of each such department, office, or other unit with those
of other agencies, federal, state, or local.
SEC. 289. SEC. 258. Section 13984 of
the Government Code is amended to read:
13984. In order to ensure that Section 10240.3 of the Business
and Professions Code and Sections 327, 22171, and 50333 of the
Financial Code are applied consistently to all California entities
engaged in the brokering, originating, servicing, underwriting, and
issuance of nontraditional mortgage products, the secretary shall
ensure that the Director of Consumer Affairs or the Commissioner of
Real Estate and the Commissioner of Business Oversight coordinate
their policymaking and rulemaking efforts.
SEC. 290. Section 13995.20 of the Government
Code, as amended by Section 2 of Chapter 790 of the Statutes of 2006,
is amended to read:
13995.20. Unless the context otherwise requires, the definitions
in this section govern the construction of this chapter.
(a) "Appointed commissioner" means a commissioner appointed by the
Governor pursuant to paragraph (2) of subdivision (b) of Section
13995.40.
(b) "Assessed business" means a person required to pay an
assessment pursuant to this chapter, and until the first assessment
is levied, any person authorized to vote for the initial referendum.
An assessed business shall not include a public entity or a
corporation when a majority of the corporation's board of directors
is appointed by a public official or public entity, or serves on the
corporation's board of directors by virtue of being elected to public
office, or both.
(c) "Commission" means the California Travel and Tourism
Commission.
(d) "Director" means the Director of the Governor's Office of
Business and Economic Development.
(e) "Elected commissioner" means a commissioner elected pursuant
to subdivision (d) of Section 13995.40.
(f) "Industry category" means the following classifications within
the tourism industry:
(1) Accommodations.
(2) Restaurants and retail.
(3) Attractions and recreation.
(4) Transportation and travel services.
(g) "Industry segment" means a portion of an industry category.
For example, rental cars are an industry segment of the
transportation and travel services industry category.
(h) "Office" means the Office of Tourism, also popularly referred
to as the Division of Tourism, within the Governor's Office of
Business and Economic Development.
(i) "Person" means an individual, public entity, firm,
corporation, association, or any other business unit, whether
operating on a for-profit or nonprofit basis.
(j) "Referendum" means any vote by mailed ballot of measures
recommended by the commission and approved by the director pursuant
to Section 13995.60, except for the initial referendum, which shall
consist of measures contained in the selection committee report,
discussed in Section 13995.30.
(k) "Selection committee" means the Tourism Selection Committee
described in Article 3 (commencing with Section 13995.30).
SEC. 291. SEC. 259. Section 13995.30
of the Government Code is amended to read:
13995.30. (a) The Governor shall appoint a Tourism Selection
Committee based upon recommendations from established industry
associations. The committee shall consist of 25 representatives, with
no fewer than six from each industry category. In selecting the
representatives, the Governor shall, to the extent possible, give
recognition to the diversity within each industry category. The
committee shall select a chairperson from among its members. The
office shall provide staffing for the committee.
(b) The selection committee shall convene on or before March 1,
1996. Not later than 150 days following the initial convening of the
committee, the committee shall issue a report listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) The target assessment level for the initial referendum.
(3) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data, and amounts to be levied
against industry segments shall bear an appropriate relationship to
the benefit derived from travel and tourism by those industry
segments.
(4) Assessment methodology and rate of assessment within each
industry segment, that may include, but is not limited to, a
percentage of gross revenue or a per transaction charge.
(5) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently.
(6) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(c) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(d) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (b)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (b), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (b).
(e) In order to be assessed, an industry segment must be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(f) It shall be the responsibility of the office to advertise
widely the selection committee process and to schedule public
meetings for potential assessed businesses to provide input to the
selection committee.
(g) The recommendations developed by the committee pursuant to
subdivision (b) shall be reviewed and approved by the director.
(h) The selection committee process and report are exempt from the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1).
SEC. 292. SEC. 260. Section 13995.40
of the Government Code is amended to read:
13995.40. (a) Upon approval of the initial referendum, the office
shall establish a nonprofit mutual benefit corporation named the
California Travel and Tourism Commission. The commission shall be
under the direction of a board of commissioners, which shall function
as the board of directors for purposes of the Nonprofit Corporation
Law.
(b) The board of commissioners shall consist of 37 commissioners
comprising the following:
(1) The director, who shall serve as chairperson.
(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession is
directly related to the tourism industry, shall be appointed by the
Governor. Each appointed commissioner shall represent only one of the
12 tourism regions designated by the office, and the appointed
commissioners shall be selected so as to represent, to the greatest
extent possible, the diverse elements of the tourism industry.
Appointed commissioners are not limited to individuals who are
employed by or represent assessed businesses.
(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed
commissioner 90 days following
the date on which he or she ceases to meet both of the eligibility
criteria specified in subparagraph (A), unless the commissioner
becomes eligible again within that 90-day period.
(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an
assessed business.
(c) The commission established pursuant to Section 15364.52 shall
be inoperative so long as the commission established pursuant to this
section is in existence.
(d) Elected commissioners shall be elected by industry category in
a referendum. Regardless of the number of ballots received for a
referendum, the nominee for each commissioner slot with the most
weighted votes from assessed businesses within that industry category
shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his or
her term, the commission shall appoint a replacement from the same
industry category that the commissioner in question represented, and
that commissioner shall fill the remaining term of the commissioner
in question. The number of commissioners elected from each industry
category shall be determined by the weighted percentage of
assessments from that category.
(e) The director may remove any elected commissioner following a
hearing at which the commissioner is found guilty of abuse of office
or moral turpitude.
(f) (1) The term of each elected commissioner shall commence July
1 of the year next following his or her election, and shall expire on
June 30 of the fourth year following his or her election. If an
elected commissioner ceases to be employed by or with an assessed
business in the category and segment which he or she was
representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he or she
ceases to be so employed, unless, within that 90-day period, the
commissioner again is employed by or with an assessed business in the
same category and segment.
(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.
(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase "two consecutive terms" shall not include
partial terms.
(h) Except for the original commissioners, all commissioners shall
serve four-year terms. One-half of the commissioners originally
appointed or elected shall serve a two-year term, while the remainder
shall serve a four-year term. Every two years thereafter, one-half
of the commissioners shall be appointed or elected by referendum.
(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the commissioners,
by adopted resolution, shall nominate a slate of candidates, and
shall include any additional candidates complying with the procedure
described in Section 13995.62.
(j) The commissioners shall elect a vice chairperson from the
elected commissioners.
(k) The commission may lease space from the office.
(l) The commission and the office shall be the official state
representatives of California tourism.
(m) All commission meetings shall be held in California.
(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement for
reasonable expenses incurred while on authorized commission business.
(o) Assessed businesses shall vote only for commissioners
representing their industry category.
(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve the
economic interests of those tourism segments and that the economic
interests of these members are the same as those of the public
generally.
(q) Commission meetings shall be subject to the requirements of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1).
(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep the
minutes and records of all commission meetings.
SEC. 293. SEC. 261. Section 13995.42
of the Government Code is amended to read:
13995.42. (a) The commission is a separate, independent
California nonprofit mutual benefit corporation. Except as provided
in Section 13995.43, the staff of the commission shall be employees
solely of the commission, and the procedures adopted by the
commission shall not be subject to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1).
(b) Not later than six months following the initial referendum,
the commission shall adopt procedures concerning the operation of the
commission in order to provide due process rights for assessed
businesses.
(c) In the event that the commission fails to adopt the procedures
described in subdivision (b) within the specified timeframe, the
director shall adopt procedures for use by the commission until the
commission adopts its own procedures. These procedures shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1), whether adopted by the commission or
director.
SEC. 294. SEC. 262. Section 13995.43
of the Government Code is amended to read:
13995.43. (a) The commission shall be administered by an
executive director. That individual shall be a tourism industry
marketing professional, recommended by a vote of the commissioners
and approved by the Governor. The executive director shall serve at
the pleasure of both the commissioners and the Governor.
(b) The executive director shall report to and receive overall
guidance from the commission, and shall implement the commission's
tourism marketing plan. The executive director shall report to the
director for day-to-day managerial and financial responsibilities.
(c) The executive director shall serve as the director of the
office and shall be an exempt employee, employed by the state.
Notwithstanding any other provision of law, the executive director
may supervise both employees of the commission and employees of the
office, notwithstanding the fact that the commission employees are
employees solely of the commission.
(d) The salary and benefits of the executive director shall be
determined by the commission, and approved by the director, based
upon industry standards for a director of a marketing budget of
similar size. The entire salary and all benefits of the executive
director shall be paid from assessments.
SEC. 295. SEC. 263. Section 13995.44
of the Government Code is amended to read:
13995.44. (a) (1) The commission shall annually provide to all
assessed businesses a report on the activities and budget of the
commission including, but not limited to, income and expenses, the
fund balance, a summary of the tourism marketing plan, and a report
of progress in achieving the goals set forth in the plan. The
portions of the report that pertain to the commission's income and
expenses and the fund balance, as well as those other portions that
the commission may from time to time deem appropriate, shall be
audited by independent accountants retained by the commission for
this purpose.
(2) The commission's annual budget shall be subject to the review
and approval of the director. However, any decision of the director
related to the budget may be overridden by a vote of three-fifths or
more of the commissioners then in office.
(b) The commission shall maintain a report on the percentage
assessment allocation between industry categories and industry
segments. The report shall also specify the reasons and methodology
used for the allocations. This report shall be updated every time the
assessment allocations are amended. The report shall be made
available to any assessed business.
SEC. 296. SEC. 264. Section 13995.45
of the Government Code is amended to read:
13995.45. (a) The commission shall annually prepare, or cause to
be prepared, a written marketing plan. In developing the plan, the
commission shall utilize, as appropriate, the advice and
recommendations of the industry marketing advisory committee or
committees established pursuant to subdivision (a) of Section
13995.47. The commission may amend the plan at any commission
meeting. All expenditures by the commission shall be consistent with
the marketing plan.
(b) The plan shall promote travel to and within California, and
shall include, but not be limited to, the following:
(1) An evaluation of the previous year's budget and activities.
(2) Review of California tourism trends, conditions, and
opportunities.
(3) Target audiences for tourism marketing expenditures.
(4) Marketing strategies, objectives, and targets.
(5) Budget for the current year.
(c) Before final adoption of the plan, the commission shall
provide each known destination marketing organization in California
notice of the availability of the proposed marketing plan and
suitable opportunity, which may include public meetings, to review
the plan and to comment upon it. The commission shall take into
consideration any recommendations submitted by the destination
marketing organizations, except that the final determination as to
the nature, extent, and substance of the plan shall in all respects
rest solely within the ultimate discretion of the commission, except
as provided in subdivision (d).
(d) The final adoption of the plan shall be subject to the review
and approval of the director. However, any decision of the director
related to the plan may be overridden by a vote of three-fifths or
more of the commissioners then in office.
SEC. 297. SEC. 265. Section 13995.50
of the Government Code is amended to read:
13995.50. (a) The marketing of California tourism is hereby
declared to be affected with the public interest. This chapter is
enacted in the exercise of the police powers of this state for the
purpose of protecting the health, peace, safety, and general welfare
of the people of this state.
(b) The police powers shall be used to collect assessments not
paid by the deadlines established by the director.
SEC. 298. SEC. 266. Section 13995.51
of the Government Code is amended to read:
13995.51. (a) The following powers, and any other powers provided
in this act, with the exception of the exercising of police powers
and of that power enumerated in subdivision (b), shall be the
responsibility of the director and, when not exercised by the
director, may be exercised by the commission:
(1) Call referenda in accordance with the procedures set forth in
Article 6 (commencing with Section 13995.60) and certify the results.
(2) Collect and deposit assessments.
(3) Exercise police powers.
(4) Pursue actions and penalties connected with assessments.
(b) Except as otherwise specified in this chapter, the director
shall have veto power over the actions of the commission, following
consultation with the commission, only under the following
circumstances:
(1) Travel and expense costs.
(2) Situations where the director determines a conflict of
interest exists, as defined by the Fair Political Practices
Commission.
(3) The use of any state funds.
(4) Any contracts entered into between the commission and a
commissioner.
SEC. 299. SEC. 267. Section 13995.53
of the Government Code is amended to read:
13995.53. The director may require any and all assessed
businesses to maintain books and records that reflect their income or
sales as reflected in the assessment, and to furnish the director
with any information that may, from time to time, be requested by the
director, and to permit the inspection by the director of portions
of books and records that relate to the amount of assessment.
SEC. 300. SEC. 268. Section 13995.54
of the Government Code is amended to read:
13995.54. Information pertaining to assessed businesses obtained
by the director pursuant to this chapter is confidential and shall
not be disclosed except to a person with the right to obtain the
information, any attorney hired by the director who is employed to
give legal advice upon it, or by court order. Information obtained by
the director in order to determine the assessment level for an
assessed business is exempt from the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1).
SEC. 301. SEC. 269. Section 13995.55
of the Government Code is amended to read:
13995.55. For the purpose of carrying out Section 13995.51, the
director may hold hearings, take testimony, administer oaths,
subpoena witnesses, and issue subpoenas for the production of books,
records, or documents of any kind.
SEC. 302. SEC. 270. Section 13995.56
of the Government Code is amended to read:
13995.56. A person shall not be excused from attending and
testifying, or from producing documentary evidence, before the
director in obedience to the subpoena of the director pursuant to the
authority granted in Section 13995.55 on the ground, or for the
reason, that the testimony or evidence, documentary or otherwise,
which is required of him or her may tend to incriminate the person or
subject that person to a penalty. A natural person shall not,
however, be prosecuted or subjected to any penalty on account of any
transaction, matter, or thing concerning which he or she may be
required to testify, or produce evidence, documentary or otherwise,
before the director in obedience to a subpoena. A natural person
testifying shall not, however, be exempt from prosecution and
punishment for perjury committed in so testifying.
SEC. 303. Section 13995.60 of the Government
Code, as added by Section 8 of Chapter 790 of the Statutes of 2006,
is amended to read:
13995.60. (a) As used in this article and Article 7 (commencing
with Section 13995.65), "assessment level" means the estimated gross
dollar amount received by assessment from all assessed businesses on
an annual basis, and "assessment formula" means the allocation method
used within each industry segment (for example, percentage of gross
revenue or percentage of transaction charges).
(b) Commencing on January 1, 2003, a referendum shall be called
every two years, and the commission, by adopted resolution, shall
determine the slate of individuals who will run for commissioner. The
resolution shall also cover, but not be limited to, the proposed
assessment level for each industry category, based upon specified
assessment formulae, together with necessary information to enable
each assessed business to determine what its individual assessment
would be. Commencing with the referendum held in 2007 and every six
years thereafter, the resolution shall also cover the termination or
continuation of the commission. The resolution may also include an
amended industry segment allocation formula and the percentage
allocation of assessments between industry categories and segments.
The commission may specify in the resolution that a special, lower
assessment rate that was set pursuant to subdivision (c) of Section
13995.30 for a particular business will no longer apply due to
changes in the unique circumstance that originally justified the
lower rate. The resolution may include up to three possible
assessment levels for each industry category, from which the assessed
businesses will select one assessment level for each industry
category by plurality weighted vote.
(c) The commission shall deliver to the director the resolution
described in subdivision (b). The director shall call a referendum
containing the information required by subdivision (b) plus any
additional matters complying with the procedures of subdivision (b)
of Section 13995.62.
(d) When the director calls a referendum, all assessed businesses
shall be sent a ballot for the referendum. Every ballot that the
director receives by the ballot deadline shall be counted, utilizing
the weighted formula adopted initially by the selection committee,
and subsequently amended by referendum.
(e) If the commission's assessment level is significantly
different from what was projected when the existing assessment
formula was last approved by referendum, a majority of members, by
weighted votes of an industry category, may petition for a referendum
to change the assessment formula applicable to that industry
category.
(f) If the referendum includes more than one possible assessment
rate for each industry category, the rate with the plurality of
weighted votes within a category shall be adopted.
(g) Notwithstanding any other provision of this section, if the
commission delivers to the director a resolution pertaining to any
matter described in subdivision (b), the director shall call a
referendum at a time or times other than as specified in this
section. Each referendum shall contain only those matters contained
in the resolution.
(h) Notwithstanding any other provision of this section, the
director shall identify, to the extent reasonably feasible, those
businesses that would become newly assessed due to a change in
category, segment, threshold, or exemption status sought via
referendum, and provide those businesses the opportunity to vote in
that referendum.
(i) This section shall become operative only if the Director of
the Governor's Office of Business and Economic Department provides
notice to the Legislature and the Secretary of State and posts notice
on its Internet Web site that the conditions described in Section
13995.92 have been satisfied.
SEC. 304. SEC. 271. Section 13995.63
of the Government Code is amended to read:
13995.63. (a) Upon receipt of the resolution required by Section
13995.60, including any assessed business referendum request pursuant
to subdivision (a) of Section 13995.52 or Section 13995.62, the
director shall establish a referendum period not to exceed 60 days.
If the director determines that the referendum period so established
does not provide sufficient time for the balloting, the director may
extend the referendum period not more than 15 additional days. At the
close of the referendum period, the director shall count and
tabulate the ballots filed during the referendum period.
(b) The director shall establish a deadline for adoption of the
resolution described in subdivision (a). If the commission fails to
meet this deadline, or if the adopted resolution fails to meet the
requirements of this chapter, then assessed businesses may present a
slate of candidates to the director not later than 60 days following
the deadline established for the commission resolution. A minimum of
10 percent of weighted voters shall sign the document presenting the
slate.
(c) In the event that the director does not receive a resolution
required by Section 13995.60 from the commission by the deadline
established pursuant to subdivision (b) or the resolution does not
comply with the requirements of this chapter and the assessed
businesses fail to present a slate pursuant to subdivision (b), then
the director shall select a slate of commissioners and this slate,
added to any assessed business referendum requests pursuant to
subdivision (a) of Section 13995.52 or Section 13995.62, shall
constitute the items included in the referendum.
SEC. 305. SEC. 272. Section 13995.64
of the Government Code is amended to read:
13995.64. (a) Each assessed business is entitled to a weighted
vote in each referendum. In calculating weighted votes, each assessed
business receives a vote equal to the relative assessment paid by
that business. An assessed business paying nine hundred dollars
($900) in annual assessments has three times the weighted vote of a
business paying three hundred dollars ($300). Weighted votes are used
to determine all issues on the referendum. The initial referendum,
and any referendum item to terminate the commission, must be approved
by a majority of the weighted votes cast at the referendum. The
amount of assessment and selection of commissioners is determined by
the most weighted votes, whether or not there is a majority.
(b) For purposes of voting in any referendum, each assessed
business is part of one industry category and one industry segment,
and for voting purposes only, a business with revenue in more than
one industry category or industry segment shall only be included in
the category and segment in which it earns the most gross revenue.
(c) Each assessed business is eligible to vote for each item on
the referendum, except that an assessed business can only vote for
commissioners representing its industry category, and industry
segment formulae for its industry segment.
(d) A business is not eligible to vote unless it has paid all
assessments and fines outstanding as of a date established by the
director.
SEC. 306. SEC. 273. Section 13995.65
of the Government Code is amended to read:
13995.65. (a) Each industry category shall establish a committee
to determine the following within its industry category: industry
segments, assessment formula for each industry segment, and any types
of business exempt from assessment. The initial segment committees
shall consist of the subcommittee for that category as described in
subdivision (d) of Section 13995.30. Following approval of the
assessment by referendum, the committees shall be selected by the
commission, based upon recommendations from the tourism industry.
Committee members need not be commission members.
(b) The committee recommendations shall be presented to the
commission or selection committee, as applicable. The selection
committee may adopt a resolution specifying some or all of the items
listed in subdivision (a), plus an allocation of the overall
assessment among industry categories. The commission may adopt a
resolution specifying one or more of the items listed in subdivision
(a), plus an allocation of the proposed assessment. The selection
committee and commission are not required to adopt the findings of
any committee.
(c) The initial industry category and industry segment allocations
shall be included in the selection committee report required by
subdivision (b) of Section 13995.30. Changes to the industry segment
allocation formula may be recommended to the commission by a segment
committee at the biennial commission meeting scheduled to approve the
referendum resolution pursuant to Section 13995.60. At the same
meeting, the commission may amend the percentage allocations among
industry categories. Any item discussed in this section that is
approved by resolution of the commission, except amendments to the
percentage allocations among industry categories, shall be placed on
the next referendum, and adopted if approved by the majority of
weighted votes cast.
(d) Upon approval by referendum, the office shall mail an
assessment bill to each assessed business. The director shall
determine how often assessments are collected, based upon available
staffing resources. The director may stagger the assessment
collection throughout the year, and charge businesses a prorated
amount of assessment because of the staggered assessment period. The
director and office shall not divulge the amount of assessment or
weighted votes of any assessed businesses, except as part of an
assessment action.
(e) An assessed business may appeal an assessment to the director
based upon the fact that the business does not meet the definition
established for an assessed business within its industry segment or
that the level of assessment is incorrect. An appeal brought under
this subdivision shall be supported by substantial evidence submitted
under penalty of perjury by affidavit or declaration as provided in
Section 2015.5 of the Code of Civil Procedure. If the error is based
upon failure of the business to provide the required information in a
timely manner, the director may impose a fee for reasonable costs
incurred by the director in correcting the assessment against the
business as a condition of correcting the assessment.
(f) Notwithstanding any other provision of law, an assessed
business may pass on some or all of the assessment to customers. An
assessed business that is passing on the assessment may, but shall
not be required to, separately identify or itemize the assessment on
any document provided to a customer. Assessments levied pursuant to
this chapter and passed on to customers are not part of gross
receipts or gross revenue for any purpose, including the calculation
of sales or use tax and income pursuant to any lease. However,
assessments that are passed on to customers shall be included in
gross receipts for purposes of income and franchise taxes.
(g) For purposes of calculating the assessment for a business with
revenue in more than one industry category or industry segment, that
business may elect to be assessed based on either of the following:
(1) The assessment methodology and rate of assessment applicable
to each category or segment, respectively, as it relates to the
revenue that it derives from that category or segment.
(2) With respect to its total revenue from all industry categories
or segments, the assessment methodology and rate of assessment
applicable to the revenue in the category and segment in which it
earns the most gross revenue.
(h) (1) A person sharing common ownership, management, or control
of more than one assessed business may elect to calculate,
administer, and pay the assessment owed by each business by any of
the following methods:
(A) Calculated on the basis of each individual business location.
(B) Calculated on the basis of each business, or each group of
businesses, possessing a single federal employer identification
number, regardless of the
number of locations involved.
(C) Calculated on the basis of the average aggregate percentage of
tourism-related gross revenue received by all of the person's
businesses in a particular industry segment or industry category
during the period in question, multiplied by the total aggregate
tourism-related gross revenue received by all of the businesses, and
then multiplied by the appropriate assessment formula. For example,
if a person sharing common ownership, management, or control of more
than one assessed business in the retail industry segment calculates
that the average percentage of tourism-related gross revenue received
by all of its locations equals 6 percent during the period in
question, that person may multiply all of the gross revenue received
from all of those locations by 6 percent, and then multiply that
product by the applicable assessment formula.
(D) Calculated on any other basis authorized by the director.
(2) Except as the director may otherwise authorize, the methods in
subparagraph (B), (C), or (D) of paragraph (1) shall not be used if
the aggregate assessments paid would be less than the total
assessment revenues that would be paid if the method in subparagraph
(A) of paragraph (1) were used.
SEC. 307. SEC. 274. Section 13995.68
of the Government Code is amended to read:
13995.68. (a) The director shall establish a list of businesses
to be assessed and the amount of assessment owed by each. The
director shall collect the assessment from all assessed businesses,
and in collecting the assessment the director may exercise the police
powers and bring enforcement actions.
(b) Funds collected by the director shall be deposited into the
account of the commission. This account shall not be an account of
the state government.
(c) Any costs relating to the collection of assessments incurred
by the state shall be reimbursed by the commission.
SEC. 308. SEC. 275. Section 13995.69
of the Government Code is amended to read:
13995.69. (a) The office shall develop a list of California
businesses within each segment included within the report required by
subdivision (b) of Section 13995.30, periodically updated. Other
state agencies shall assist the office in obtaining the names and
addresses of these businesses.
(b) The office shall mail to each business identified pursuant to
subdivision (a) a form requesting information necessary to determine
the assessment for that business. Any business failing to provide
this information in a timely manner shall be assessed an amount
determined by the director to represent the upper assessment level
for that segment.
(c) The office, in consultation with the commission, shall
establish by regulation the procedure for assessment collection.
SEC. 309. SEC. 276. Section 13995.71
of the Government Code is amended to read:
13995.71. Any assessment levied as provided in this chapter is a
personal debt of every person so assessed and shall be due and
payable to the director. If any assessed person fails to pay any
assessment, the director may file a complaint against the person in a
state court of competent jurisdiction for the collection of the
assessment.
SEC. 310. SEC. 277. Section 13995.72
of the Government Code is amended to read:
13995.72. If any assessed business that is duly assessed pursuant
to this chapter fails to pay to the director the assessed amount by
the due date, the director may add to the unpaid assessment an amount
not to exceed 10 percent of the unpaid assessment to defray the cost
of enforcing the collection of the unpaid assessment. In addition to
payment for the cost of enforcing a collection, the assessed
business shall pay to the director a penalty equivalent to the lesser
of either the maximum amount authorized by Section 1 of Article XV
of the California Constitution or 5 percent for each 30 days the
assessment is unpaid, prorated over the days unpaid, commencing 30
days after the notice has been given to the assessed business of its
failure to pay the assessment on the date required, unless the
director determines, to his or her satisfaction, that the failure to
pay is due to reasonable cause beyond the control of the assessed
business.
SEC. 311. SEC. 278. Section 13995.73
of the Government Code is amended to read:
13995.73. The director may require assessed businesses to deposit
with him or her in advance the following amounts:
(a) An amount for necessary expenses.
(b) An amount that shall not exceed 25 percent of the assessment
to cover costs that are incurred prior to the receipt of sufficient
funds from the assessment.
(c) The amount of any deposit that is required by the director
shall be based upon the estimated assessment for the assessed
business.
SEC. 312. SEC. 279. Section 13995.74
of the Government Code is amended to read:
13995.74. In lieu of requiring advance deposits pursuant to
Section 13995.73, or in order generally to provide funds for
defraying administrative expenses or the expenses of implementing the
tourism marketing plan until the time that sufficient moneys are
collected for this purpose from the payment of the assessments that
are established pursuant to this chapter, the director may receive
and disburse for the express purposes contributions that are made by
assessed businesses. If, however, collections from the payment of
established assessments are sufficient to so warrant, the director
shall authorize the repayment of contributions, or authorize the
application of the contributions to the assessment obligations of
persons that made the contributions.
SEC. 313. SEC. 280. Section 13995.75
of the Government Code is amended to read:
13995.75. Upon termination of the commission, any remaining funds
that are not required by the director to defray commission expenses
shall be returned by the director upon a pro rata basis, to all
persons from whom the assessments were collected unless the director
finds that the amounts to be returned are so small as to make
impractical the computation and remitting of the pro rata refund to
the appropriate persons. If the director makes a finding that
returning the remaining funds would be impractical, he or she may use
the moneys in the fund to defray the costs of the office.
SEC. 314. SEC. 281. Section 13995.77
of the Government Code is amended to read:
13995.77. A business is exempt from the assessments provided for
in this chapter if any of the following apply:
(a) The business is a travel agency or tour operator that derives
less than 20 percent of its gross revenue annually from travel and
tourism occurring within the state. A travel agency or tour operator
that qualifies for this exemption may participate as an assessed
business by paying an assessment calculated on the same basis
applicable to other travel agencies or tour operators, respectively,
and by filing a written request with the director indicating its
desire to be categorized as an assessed business.
(b) The business is a small business. For purposes of this
section, "small business" means a business location with less than
one million dollars ($1,000,000) in total California gross annual
revenue from all sources. This threshold amount may be lowered, but
never to less than five hundred thousand dollars ($500,000), by means
of a referendum conducted pursuant to Section 13995.60; however, the
director may elect to forgo assessing a business for which the
expense incurred in collecting the assessment is not commensurate
with the assessment that would be collected.
(c) The assessments provided for in this chapter shall not apply
to the revenue of regular route intrastate and interstate bus
service: provided, however, that this subdivision shall not be deemed
to exclude any revenue derived from bus service that is of a type
that requires authority, whether in the form of a certificate of
public convenience and necessity, or a permit, to operate as a
charter-party carrier of passengers pursuant to Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code.
(d) Any business exempted pursuant to this section may enter into
a contract for voluntary assessments pursuant to Section 13995.49.
SEC. 315. SEC. 282. Section 13995.82
of the Government Code is amended to read:
13995.82. (a) When the director makes a determination that an
assessment is deficient as to the payment due, the director may
determine the amount of the deficiency, including any applicable
penalty, as provided in this chapter. After giving notice that a
deficiency determination is proposed and an opportunity to file a
report or provide supplemental information is provided, the director
may make one or more deficiency determinations of the amount due for
any reporting period based on information in the director's
possession. When an assessed business is discontinued, a deficiency
determination may be made at anytime thereafter as to the liability
arising out of the operation of that business.
(b) The director shall give notice of the proposed deficiency
determination and the notice of deficiency determination by mailing a
copy of the deficiency to the assessed business at the current
address for that business on file with the director. The giving of
notice is complete at the time of deposit in the United States mail.
In lieu of mailing, a notice may be served personally by delivering
it to the person to be served.
(c) Except in the case of fraud or failure to file required
information, a notice of a deficiency determination shall be given
within four years of the accrual of the deficiency.
(d) The person against whom a deficiency determination is made may
petition the director for redetermination within 30 days after the
serving of the notice of deficiency determination. If a petition is
not filed within 30 days, the deficiency determination shall become
final.
(e) A petition for redetermination shall be in writing, state the
specific grounds upon which it is based, and be supported by
applicable records and declarations under penalty of perjury that the
information supporting the petition is accurate and complete. If a
petition for redetermination is duly filed, the director shall
reconsider the deficiency determination and may grant a hearing
thereon. The director shall, as soon as practicable, make an order on
redetermination, which shall become final 30 days after service of
notice of the order of redetermination upon the petitioner. The
notice of the order shall be served in the same manner as the notice
of the original deficiency determination.
(f) If any amount required to be paid pursuant to a deficiency
determination or redetermination is not paid within the time
specified in the notice thereof, the director may, within four years
thereafter, file in the Superior Court in the County of Sacramento,
or the superior court in any other county, a certificate specifying
the amount required to be paid, the name and address of the person
liable as it appears on the records of the director, and a request
that judgment be entered against the person in that amount 30 days
after the filing. Notice of the filing shall be given in the same
manner as for the notice of deficiency determination. The court shall
enter a judgment in conformance with the director's certificate 30
days after its filing, unless a petition for judicial review has been
filed within the 30-day period.
(g) An abstract of the judgment, or a copy thereof, may be filed
with the county recorder of any county. From the time of filing of
the judgment, the amount of the judgment constitutes a lien upon all
of the property in the county owned by the judgment debtor. The lien
has the force, effect and priority of a judgment lien and shall
continue for 10 years from the date of the judgment, unless sooner
released or otherwise discharged. The lien imposed by this section is
not valid insofar as personal property is concerned against a
purchaser of value without actual knowledge of the lien.
(h) Execution shall issue upon the judgment upon request of the
director in the same manner as execution may issue upon other
judgments, and sales shall be held under execution as prescribed in
the Code of Civil Procedure.
(i) The person named in a notice of deficiency determination or
redetermination may, within 30 days of the notice of filing with the
superior court, file an action for judicial review thereof, as
provided herein, in the Superior Court in the County of Sacramento
or, with the director's consent, the superior court in any other
county. As a condition of staying entry of judgment or granting other
relief, the court shall require the filing of a corporate surety
bond with the director in the amount of the deficiency stated in the
certificate. In any court proceeding, the certificate of the director
determining the deficiency shall be prima facie evidence of the fee
and the amount due and unpaid.
(j) The provisions of this section are supplemental to any other
procedures for collection and imposition of fees and penalties
provided by this chapter.
(k) In lieu of proceeding pursuant to this section, the director
may file a complaint for collection of unpaid assessments as provided
by law.
SEC. 316. SEC. 283. Section 13995.83
of the Government Code is amended to read:
13995.83. It is a violation of this chapter for any person to
willfully render or furnish a false or fraudulent report, statement,
or record that is required by the director pursuant to any provision
of this chapter.
SEC. 317. SEC. 284. Section 13995.84
of the Government Code is amended to read:
13995.84. Any suit brought by the director to enforce any
provision of this chapter, or any regulation, or rule and regulation,
that is issued by the director shall provide that the defendant pay
to the director the costs that were incurred by the director and by
the commission in the prosecution of the action in the event the
director prevails in the action. Any money that is recovered shall
reimburse the account or accounts used to pay the costs.
SEC. 318. SEC. 285. Section
13995.102 of the Government Code is amended to read:
13995.102. (a) The Los Angeles County Board of Supervisors shall
appoint the Los Angeles County Tourism Selection Committee to consist
of persons, or principals of entities, from within the industry
categories that are to be assessed, based upon recommendations from
established industry associations and destination marketing
organizations within Los Angeles County.
(b) The county selection committee shall consist of 24
representatives, with no fewer than three from each industry
category. The county selection committee shall appoint a chair and
any other officers it deems advisable.
(c) The county selection committee shall convene within 150 days
after the effective date of this chapter. Not later than 150 days
following the initial convening of the committee, the committee shall
issue a report and recommendations listing the following:
(1) Industry segments that will be included in the initial
referendum.
(2) Percentage of funds to be levied against each industry
category and segment. To the extent possible, the percentages shall
be based upon quantifiable industry data. Funds to be levied against
businesses shall bear an appropriate relationship to the benefit
derived from travel and tourism by those businesses.
(3) Assessment methodology and rate of assessment within each
industry segment, that may include, but not be limited to, a
percentage of gross revenue or a per transaction charge.
(4) Businesses, if any, within a segment to be assessed at a
reduced rate, which may be set at zero, whether temporarily or
permanently, because they do not sufficiently benefit from travel and
tourism.
(5) Initial slate of proposed elected commissioners. The number of
commissioners elected from each industry category shall be
determined by the weighted percentage of assessments from that
category.
(d) Nothing in this section shall preclude the selection committee
from setting the assessment rate for a business within a segment at
a lower rate, which may be set at zero, than a rate applicable to
other businesses within that segment if the selection committee makes
specific findings that the lower rate should apply due to unique
geographical, financial, or other circumstances affecting the
business. No business for which a zero assessment rate is set
pursuant to this subdivision shall be sent a ballot or entitled to
participate in the initial referendum, or in any subsequent
referendum in which its rate of assessment is set at zero.
(e) The committee members for each industry category, also
referred to as a subcommittee, shall prepare a recommendation for the
entire committee on how the items specified in subdivision (c)
should be determined for the industry segments within their industry
category. The recommendations shall not include a discussion of
industry category levies, which shall be determined solely by the
committee. In the event that the subcommittee cannot agree on one or
more of the items specified in subdivision (c), no recommendation
shall be given in that category. The recommendations shall be
presented to the full committee, which shall address each of the
items contained in subdivision (c).
(f) In order to be assessed, an industry segment shall be defined
with sufficient clarity to allow for the cost-effective
identification of assessed businesses within that segment.
(g) It shall be the responsibility of the county selection
committee to advertise widely the selection committee process and to
schedule public meetings for potential assessed businesses to provide
input to the selection committee.
(h) The selection committee process and report shall be exempt
from the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1).
(i) The Los Angeles Convention and Visitors Bureau shall be asked
to supply staff support to the county selection committee. The
Governor's Office of Business and Economic Development shall not be
required to supply staff support to the county selection committee.
SEC. 319. SEC. 286. Section
13995.110 of the Government Code is amended to read:
13995.110. (a) No referendum required under this article shall be
undertaken until any of the following occurs, whichever is earliest:
(1) A statewide referendum held pursuant to this chapter has
obtained a passing vote in the County of Los Angeles.
(2) Two statewide referenda have been held pursuant to this
chapter.
(3) July 1, 1998.
(b) Referenda required under this article shall be conducted in a
similar manner as provided in Article 6 (commencing with Section
13995.60) as follows:
(1) The county commission shall undertake all duties, and act in
all respects, in place of the California Tourism Marketing
Commission, and either the county or the county treasurer/tax
collector, as designated in this article, shall act in place of the
Director of the Governor's Office of Business and Economic
Development.
(2) The initial assessment target for the county commission shall
be set by the county selection committee.
(3) The first referendum shall be initiated by industry members,
with all costs of marketing and promoting of the initial referendum
to be provided by the tourism industry.
(4) Each referendum may cover one or more of the following
subjects:
(A) Assessment level based upon specified assessment formula.
(B) Amended industry segment allocation formulae.
(C) Percentage allocation of assessments between industry
categories and segments.
(D) Election of county commissioners subject to election by
referendum.
(E) Termination of the county commission.
(F) Whether to establish, continue, or reestablish an assessment.
(5) The costs of all marketing and promoting of all referenda
following the initial referendum shall be paid by the county
commission from assessments collected. The county commission may
reimburse those who have contributed to the costs of the initial
referendum from proceeds raised from assessments collected from the
initial referendum.
SEC. 320. SEC. 287. Section
13995.116 of the Government Code is amended to read:
13995.116. This article is subject to Article 8 (commencing with
Section 13995.80) and Article 9 (commencing with Section 13995.90)
except that, as to Article 8, either the county or the county
treasurer/tax collector, as designated in this article, shall act in
the place of the Director of the Governor's Office of Business and
Economic Development in all respects.
SEC. 321. SEC. 288. Section 14001 of
the Government Code is amended to read:
14001. There is in the Transportation Agency a Department of
Transportation.
Any reference in any law or regulation to the Department of Public
Works shall be deemed to refer to the Department of Transportation.
SEC. 322. SEC. 289. Section 14002.5
of the Government Code is amended to read:
14002.5. As used in this part, unless the context otherwise
requires:
(a) "Department" means the Department of Transportation.
(b) "Director" means the Director of Transportation.
(c) "Secretary" means the Secretary of Transportation.
(d) "Board" or "commission" means the California Transportation
Commission.
(e) "Displaced worker" means individuals eligible for assistance
pursuant to Section 15076 of the Unemployment Insurance Code.
SEC. 323. SEC. 290. Section 14031.8
of the Government Code is amended to read:
14031.8. (a) The Secretary of Transportation shall establish,
through an annual budget process, the level of state funding
available for the operation of intercity passenger rail service in
each corridor.
(b) Where applicable, operating funds shall be allocated by the
secretary to the joint powers board in accordance with an interagency
transfer agreement that includes mutually agreed-upon rail services.
Funds for the administration and marketing of services, as
appropriate, shall also be transferred by the secretary to the joint
powers board, subject to the terms of the interagency agreement.
(c) The joint powers board or local or regional entities may
augment state-provided resources to expand intercity passenger rail
services, or to address funding shortfalls in achieving agreed-upon
performance standards. The joint powers board or local or regional
agencies may, but shall not be required to, identify and secure new
supplemental sources of funding for the purpose of expanding or
maintaining intercity rail passenger service levels, which may
include state and federal intercity rail resources. Local resources
may be available to offset any redirection, elimination, reduction,
or reclassification by the state of state resources for operating
intercity passenger rail services identified in subdivision (b) only
if the local resources are dedicated by a vote of the local agency
providing funds, with the concurrence of the joint powers board.
(d) The department may provide any support services as may be
mutually agreed upon by the joint powers board and the department.
(e) Operating costs shall be controlled by dealing with, at a
minimum, the Amtrak cost allocation formula and the ability to
contract out to Amtrak or other rail operators as a part of federal
legislation dealing with Amtrak reauthorization.
(f) (1) Not later than June 30, 2014, the secretary shall
establish a set of uniform performance standards for all corridors
and operators to control cost and improve efficiency.
(2) To the extent necessary, as determined by the secretary,
performance standards may be modified not later than July 30, 2015,
or the effective date of the interagency transfer agreement,
whichever comes first.
(3) Feeder bus services that provide connections for intercity
rail passengers shall not be terminated unless the bus services fail
to meet the cost-effectiveness standard described in paragraph (3) of
subdivision (a) of Section 14035.2.
SEC. 324. SEC. 291. Section 14070 of
the Government Code is amended to read:
14070. As used in this article, the following terms have the
following meanings:
(a) "Board" or "joint powers board" means the governing board of a
joint exercise of powers agency established pursuant to Article 5.2
(commencing with Section 14072), Article 5.4 (commencing with Section
14074), or Article 5.6 (commencing with Section 14076) for the
purpose of assuming administrative responsibility for intercity
passenger rail service within the respective corridor.
(b) "Secretary" means the Secretary of Transportation.
SEC. 325. SEC. 292. Section 14087 of
the Government Code is amended to read:
14087. If the governing body of a public entity wishes to appeal
an action of the department taken under Section 14085 the matter
shall be appealed to the Secretary of Transportation. Within a
reasonable time after receiving the appeal, the secretary shall hear
all parties involved and determine the matter, or the secretary may
appoint a hearing officer to hear all parties involved and make a
recommendation for the consideration of the secretary in determining
the matter.
SEC. 326. SEC. 293. Section 14500 of
the Government Code is amended to read:
14500. There is in the Transportation Agency a California
Transportation Commission.
SEC. 327. SEC. 294. Section 14520 of
the Government Code is amended to read:
14520. The commission shall advise and assist the Secretary of
Transportation and the Legislature in formulating and evaluating
state policies and plans for transportation programs in the state.
SEC. 328. SEC. 295. Section 14601 of
the Government Code is amended to read:
14601. There is in the state government, in the Government
Operations Agency, the Department of General Services.
SEC. 329. SEC. 296. Section 14669.21
of the Government Code is amended to read:
14669.21. (a) The Director of the Department of General Services
is authorized to acquire, develop, design, and construct, according
to plans and specifications approved by the Los Angeles Regional
Crime Laboratory Facility Authority, an approximately 200,000 gross
square foot regional criminal justice laboratory, necessary
infrastructure, and related surface parking to accommodate
approximately 600 cars on the Los Angeles campus of the California
State University. In accordance with this authorization, the director
is authorized to enter into any agreements, contracts, leases, or
other documents necessary to effectuate and further the transaction.
Further, the Los Angeles Regional Crime
Laboratory Facility Authority is authorized to
assign, and the director is authorized to accept, all contracts
already entered into by the Los Angeles Regional Crime Laboratory
Facility Authority for the development and design of this project. It
is acknowledged that these contracts will have to be modified to
make them consistent with the standards for state projects. The
director is additionally authorized to enter into a long-term ground
lease for 75 years with the Trustees of the California State
University for the land within the Los Angeles campus on which the
project is to be constructed. At the end of the ground lease term,
unencumbered title to the land shall return to the trustees and, at
the option of the trustees, ownership of any improvements constructed
pursuant to this section shall vest in the trustees. The trustees
are authorized and directed to fully cooperate and enter into a
ground lease with the Department of General Services upon the terms
and conditions that will facilitate the financing of this project by
the State Public Works Board. The trustees shall obtain concurrence
from the Los Angeles Regional Crime Laboratory Facility Authority in
the development of the long-term ground lease referenced in this
section. In his or her capacity, the director is directed to obtain
concurrence and approval from the trustees relating to the design and
construction of the facility consistent with the trustees'
reasonable requirements.
(b) The State Public Works Board is authorized to issue lease
revenue bonds, negotiable notes, or negotiable bond anticipation
notes pursuant to the State Building Construction Act of 1955 (Part
10b (commencing with Section 15800) 15800))
for the acquisition, development, design, and construction of
the regional crime laboratory as described in this section. The
project shall be acquired, developed, designed, and constructed on
behalf of the State Public Works Board and the Office of Emergency
Services by the Department of General Services in accordance with
state laws applicable to state projects provided, however, that the
contractor prequalification specified in Section 20101 of the Public
Contract Code may be utilized. For purposes of compliance with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code is the lead agency, and the trustees, acting through
the California State University at Los Angeles, and the Los Angeles
Regional Crime Laboratory Facility Authority are responsible
agencies.
(c) The State Public Works Board and the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code may borrow funds for project costs from the Pooled
Money Investment Account, pursuant to Sections 16312 and 16313, or
from any other appropriate source. In the event the bonds authorized
by this section for the project are not sold, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code shall commit a sufficient amount of its support
appropriation to repay any loans made for the project.
(d) The amount of lease revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be issued by the State Public
Works Board shall not exceed ninety-two million dollars ($92,000,000)
and any additional sums necessary to pay interim and permanent
financing costs. The additional sums may also include interest and a
reasonably required reserve fund. This amount includes additional
estimated project costs associated with reformatting the initial
local assistance appropriation into a state managed and constructed
regional crime laboratory project.
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 of the Penal Code may execute a contract
with the State Public Works Board for the lease of the regional crime
laboratory facilities described in this section that are financed
with the proceeds of the board's bonds. Further, and notwithstanding
any other provision of law, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 of the Penal Code is
authorized to enter into contracts and subleases with the trustees,
the Los Angeles Regional Crime Laboratory Facility Authority, the
Department of Justice, and any other appropriate state or local
agency, with the consent of the State Public Works Board and the
Department of General Services, for the use, maintenance, and
operation of the financed regional crime laboratory facilities
described in this section.
(f) When all of the bonds or notes authorized pursuant to
subdivision (d) have been paid in full or provided for in accordance
with their terms, notwithstanding any other provision of law, the
Department of General Services shall assign the ground lease entered
into pursuant to subdivision (a) to the Los Angeles Regional Crime
Laboratory Facility Authority or its successor agency. At that time,
the ground lease may be amended as agreed to by the trustees and the
Los Angeles Regional Crime Laboratory Facility Authority or its
successor agency.
SEC. 330. SEC. 297. Section 14998.2
of the Government Code is amended to read:
14998.2. (a) There is in the Governor's Office of Business and
Economic Development, the California Film Commission consisting of 26
members. The Governor shall appoint 13 members, the Senate Committee
on Rules shall appoint four members, the Speaker of the Assembly
shall appoint four members, and five members shall be ex officio. The
members of the commission appointed by the Governor may include
representatives of state and local government, motion picture
development companies, employee and professional organizations
composed of persons employed in the motion picture industry, and
other appropriate members of this or related industries.
All members of the commission, except legislators who are
appointed either by the Senate Committee on Rules or by the Speaker
of the Assembly, shall serve at the pleasure of the appointing
authority for a term of two years from the effective date of the
appointment.
(b) (1) One of the members appointed by the Senate Committee on
Rules shall, and another one may, be a Senator and one of the members
appointed by the Speaker of the Assembly shall, and another one may,
be a Member of the Assembly. These persons shall be appointed for
terms of four years.
(2) Of the legislators appointed to the commission, no more than
three legislators from the same political party may be appointed to
or serve on the commission at the same time.
(c) Any legislator appointed shall serve as a voting member of the
commission, and shall meet with, and participate in the activities
of, the commission to the extent that participation is not
incompatible with his or her position as a Member of the Legislature,
but shall only serve in that capacity while concurrently serving as
a Member of the Legislature. Whenever a legislator vacates an office,
the appointing power shall appoint another person for a new full
term.
(d) Six of the 13 members appointed by the Governor shall be as
follows:
(1) One shall be a person who is a member or employee of a union
or guild of motion picture artists.
(2) One shall be a person who is a member or employee of a union
or guild representing motion picture craftsmen, technicians, or
photographers.
(3) Two shall be from major motion picture studios.
(4) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of at least two million people.
(5) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of less than two million people.
(e) The Director of Transportation shall serve as an ex officio
nonvoting member.
(f) The Director of Parks and Recreation shall serve as an ex
officio nonvoting member.
(g) The Commissioner of the California Highway Patrol shall serve
as an ex officio nonvoting member.
(h) The State Fire Marshal shall serve as an ex officio nonvoting
member.
(i) The director of the commission shall serve as an ex officio
nonvoting member.
SEC. 331. Section 15251 of the Government Code
is amended to read:
15251. Unless the context requires otherwise, as used in this
part, the following terms shall have the following meanings:
(a) "Department" means the Department of Technology.
(b) "Division" means the Public Safety Communications Division
established by this part.
SEC. 332. Section 15253 of the Government Code
is amended to read:
15253. This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall not
be construed as conferring upon the department control of programs or
broadcasts intended for the general public.
SEC. 333. Section 15254 of the Government Code
is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
department shall not be used for political, sectarian, or propaganda
purposes. The facilities shall not be used for the purpose of
broadcasts intended for the general public, except for fire, flood,
frost, storm, catastrophe, and other warnings and information for the
protection of the public safety as the department may prescribe.
SEC. 334. Section 15275 of the Government Code
is amended to read:
15275. The department may do all of the following:
(a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies regarding public safety communications
issues.
(b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed public safety
communications facilities between any and all of the following:
cities, counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.
(c) Recommend to the appropriate state and local agencies rules,
regulations, procedures, and methods of operation that it deems
necessary to effectuate the most efficient and economical use of
publicly owned and operated public safety communications facilities
within this state.
(d) Provide, upon request, information and data concerning the
public safety communications facilities that are owned and operated
by public agencies in connection with official business of public
safety services.
(e) Carry out the policy of this part.
SEC. 335. Section 15277 of the Government Code
is amended to read:
15277. The Public Safety Communications Division is established
within the department. The duties of the division shall include, but
not be limited to, all of the following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to ensure multiuser availability and
compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the public safety
communications needs of state agencies are met and that procurements
are compatible throughout state agencies and are consistent with the
state's strategic and tactical plans for public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the Office of Emergency Services, National Guard, health and
safety agencies, and others with primary public safety communications
programs.
(g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
(i) Ensuring that all radio transmitting devices owned or operated
by state agencies and departments are licensed, installed, and
maintained in accordance with the requirements of federal law. A
request for a federally required license for a state-owned radio
transmitting device shall be sought only in the name of the "State of
California."
(j) Acquiring, installing, equipping, maintaining, and operating
new or existing public safety communications systems and facilities
for public safety agencies. To accomplish that purpose, the division
is authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient public safety
communications systems. Any systems established shall be available to
all public agencies in the state on terms that may be agreed upon by
the public agency and the division.
(k) Acquiring, installing, equipping, maintaining, and operating
all new or replacement microwave communications systems operated by
the state, except microwave equipment used exclusively for traffic
signal and signing control, traffic metering, and roadway
surveillance systems. To accomplish that purpose, the division is
authorized to enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
necessary acts to provide adequate and efficient microwave
communications systems. Any system established shall be available to
all public safety agencies in the state on terms that may be agreed
upon by the public agency and the division.
(l) This chapter shall not apply to Department of Justice
communications operated pursuant to Chapter 2.5 (commencing with
Section 15150) of Part 6.
SEC. 336. SEC. 298. Section 15363.61
of the Government Code is amended to read:
15363.61. (a) The Legislature finds and declares as follows:
(1) The entertainment industry is one of California's leading
industries in terms of employment and tax revenue.
(2) While film, television, and commercial production in
California has expanded over the years, other states and countries
actively compete for California production business. It is generally
acknowledged that certain segments of the industry, mainly film and
television production, are especially hard hit in California. The
Legislature finds that this is due to assertive efforts of other
states and countries, offering various incentives for filming outside
of California. As a result of increased marketing efforts by other
states and countries, unemployment in certain film industry sectors
and a reduction of film business has occurred within California.
(3) Recognizing the vital role the entertainment industry plays in
California's economy, legislation enacted in 1985 created the
California Film Commission to facilitate, retain, and attract filming
in California.
(4) In order to stop the decline of California film production, it
is necessary and appropriate to assist in the underwriting of actual
costs incurred by production companies to film in California and to
provide opportunities for production companies and other film
industry companies to lease property owned by the State of California
at below market rates.
(5) Providing the funds designated under this program, and leasing
property owned by the State of California at below market rates is
in the public interest and serves a public purpose, and providing
incentives to production companies and other film industry companies
will promote the prosperity, health, safety, and welfare of the
citizens of the State of California.
(b) It is the intent of the Legislature that, commencing with the
2002-03 fiscal year, funding for the program from the General Fund
shall not exceed the General Fund funding level for the prior fiscal
year.
SEC. 337. SEC. 299. Section 15363.62
of the Government Code is amended to read:
15363.62. For purposes of this chapter, the following meanings
shall apply:
(a) "Film" means any commercial production for motion picture,
television, commercial, or still photography.
(b) "Film costs" means the usual and customary charges by a public
agency connected with the production of a film, limited to any of
the following:
(1) State employee costs.
(2) Federal employee costs.
(3) Federal, state, University of California, and California State
University permits and rental costs.
(4) Local public entity employee costs.
(5) Local property use fees.
(6) Rental costs for equipment owned and operated by a public
agency in connection with the film.
(c) "Fund" means the Film California First Fund, established
pursuant to Section 15363.74.
(d) "Office" means the Governor's Office of Business and Economic
Development, which includes the California Film Commission.
(e) "Production company" means a company, partnership, or
corporation, engaged in the production of film.
(f) "Program" means the Film California First Program established
pursuant to this chapter.
(g) "Public agency" means any of the following:
(1) The State of California, and any of its agencies, departments,
boards, or commissions.
(2) The federal government, and any of its agencies, departments,
boards, or commissions.
(3) The University of California.
(4) The California State University.
(5) California local public entities.
(6) Any nonprofit corporation acting as an agent for the recovery
of costs incurred by any of the entities listed in this subdivision.
SEC. 338. SEC. 300. Section 15363.63
of the Government Code is amended to read:
15363.63. (a) (1) Except as provided in paragraph (2), the office
may pay and reimburse the film costs incurred by a public agency,
subject to an audit. The director of the commission shall develop
alternate procedures for the reimbursement of public agency costs
incurred by the production company. The office shall only reimburse
actual costs incurred and may not reimburse for duplicative costs.
(2) Notwithstanding paragraph (1), the office shall not reimburse
costs at rates exceeding those in effect as of January 1, 2002.
(b) Notwithstanding any other provision of law, the Controller
shall pay any program invoice received from the office that contains
documentation detailing the film costs, and if the party requesting
payment or reimbursement is a public agency, a certification that the
invoice is not duplicative cost recovery, and an agreement by the
public agency that the office may audit the public agency for invoice
compliance with the program requirements.
(c) (1) Not more than three hundred thousand dollars ($300,000)
shall be expended to pay or reimburse costs incurred on any one film.
(2) In developing the procedures and guidelines for the program,
the commission may, in consultation with interested public agencies,
establish limits on per day film costs that the state will reimburse.
A consultation and comment period shall begin on January 1, 2001,
and shall end 30 days thereafter.
(d) (1) Upon receipt of all necessary film costs documentation
from a public agency, the office shall transmit the appropriate
information to the Controller for payment of the film costs within 30
days.
(2) Public agencies shall be entitled to reimbursement for certain
administrative costs, to be determined by the director of the
commission, incurred while participating in the program. The
reimbursement for administrative costs shall not exceed 1 percent of
the total amount of the invoices submitted. Reimbursement shall have
an annual cap imposed of not more than ten thousand dollars ($10,000)
per public agency participating in the program. Contracted agents
working on behalf of two or more public agencies shall have a cap of
not more than twenty thousand dollars ($20,000) annually.
(e) The commission shall prepare annual preliminary reports to be
submitted to the Joint Legislative Budget Committee in regard to the
program prior to the adoption of the annual Budget Act. The reports
shall include a list of all entities that received funds from the
program, the amounts they received, and the public services that were
reimbursed. The commission shall prepare and submit a final report
to the committee no later than January 1, 2004.
(f) The commission shall, in consultation with the Department of
Industrial Relations and the Employment Development Department,
contract with an independent audit firm or qualified academic expert,
to prepare a report to be submitted to the Joint Legislative Budget
Committee no later than January 1, 2004, that identifies the
beneficiaries of expenditures from the Film California First Fund,
and determines the impact of these expenditures on job retention and
job creation in California.
SEC. 339. SEC. 301. Section 15700 of
the Government Code is amended to read:
15700. There is in the state government, in the Government
Operations Agency, a Franchise Tax Board consisting of the
Controller, the Director of Finance, and the Chairperson of the State
Board of Equalization. The Franchise Tax Board is the successor to,
and is vested with, all of the duties, powers, purposes,
responsibilities, and jurisdiction of the Franchise Tax Commissioner,
but the statutes and laws under which that office existed and all
laws prescribing the duties, powers, purposes, responsibilities, and
jurisdiction of that office, together with all lawful rules and
regulations established thereunder, are expressly continued in force.
"Franchise Tax Commissioner" when used in any statute, law, rule, or
regulation now in force, or that may hereafter be enacted or
adopted, means the Franchise Tax Board. No action to which the
Franchise Tax Commissioner is a party shall abate by reason hereof
but shall continue in the name of the Franchise Tax Board, and the
Franchise Tax Board shall be substituted for the Franchise Tax
Commissioner by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
Notwithstanding any other provision of the law to the contrary,
any directive or regulation adopted by the Franchise Tax Board shall
take precedence over any directive or regulation adopted by its
executive officer.
SEC. 340. SEC. 302. Section 15957 of
the Government Code is amended to read:
15957. "Secretary" means the Secretary of Transportation.
On and after January 1, 1985, any duty, power, purpose,
responsibility, or jurisdiction which is vested by this part in the
secretary is hereby transferred to the Director of Transportation.
Whenever any reference is made in this part to the secretary, it
shall be deemed to be a reference to, and to mean, the Director of
Transportation.
SEC. 341. SEC. 303. Section 16304.9
of the Government Code is amended to read:
16304.9. (a) Upon the effective date of an act transferring any
of the powers or duties of any state officer or agency to another
state officer or agency, the Department of Finance shall determine
the portion remaining of any appropriation which was intended to be
used for the performance of such powers or duties, and shall certify
this amount to the Controller. The Controller shall thereupon
transfer such amount to the state officer or agency to which such
powers or duties were transferred.
(b) The Department of Finance shall make the final determination
of the budgetary and accounting transactions and treatments to ensure
proper implementation of reorganization, mergers, or the elimination
of state entities, offices, or agencies.
SEC. 342. SEC. 304. Section 18521 of
the Government Code is amended to read:
18521. "Board" means the agency created by Section 2 of Article
VII of the California Constitution and includes the "State
Personnel Board" provided in Section 2(a) and the "executive officer"
provided in Section 2(c) thereof. The board shall be within the
Government Operations Agency.
SEC. 343. SEC. 305. Section 19815.25
is added to the Government Code, to read:
19815.25. The Department of Human Resources, as established on
July 1, 2012, is hereby established within the Government Operations
Agency.
SEC. 344. SEC. 306. Section 19844.5
of the Government Code is amended to read:
19844.5. (a) A state employee who is called into service by the
Office of Emergency Services pursuant to a mission assignment number
for the purpose of engaging in a search and rescue operation,
disaster mission, or other
life-saving mission conducted within the state is entitled to
administrative time off from his or her appointing power. The
appointing power shall not be liable for payment of any disability or
death benefits in the event the employee is injured or killed in the
course of service to the Office of Emergency Services, but the
employee shall remain entitled to any benefits currently provided by
the agency.
(b) The period of the duty described in subdivision (a) shall not
exceed 10 calendar days per fiscal year, including the time involved
in going to and returning from the duty. A single mission shall not
exceed three days, unless an extension of time is granted by the
office and the appointing power.
(c) This section shall apply only to volunteers participating in
the California Explorer Search and Rescue Team, Drowning Accident
Rescue Team, Wilderness Organization of Finders, California Rescue
Dog Association, and the California Wing of the Civil Air Patrol.
(d) A state employee engaging in a duty as described in this
section shall not receive overtime compensation for the hours of time
off taken but shall receive normal compensation.
(e) A state employee shall be released to engage in a duty
described in this section at the discretion of the appointing power.
However, leave shall not be unreasonably denied. The appointing power
shall also establish a procedure whereby state employees who receive
weekend or evening requests to serve may be released to do so.
SEC. 345. SEC. 307. Section 20002 of
the Government Code is amended to read:
20002. The Public Employees' Retirement System created by Chapter
700 of the Statutes of 1931, as amended, is continued in existence
under this part. This system is a unit of the Government Operations
Agency.
SEC. 346. SEC. 308. Section 26614 of
the Government Code is amended to read:
26614. The board of supervisors of a county may authorize the
sheriff to search for and rescue persons who are lost or are in
danger of their lives within or in the immediate vicinity of the
county. The expense incurred by the sheriff in the performance of
those duties shall be a proper county charge. Authorization for
search and rescue activities shall be consistent with guidelines and
operating plans contained in the Search and Rescue Model Operating
Plan, as developed and adopted by the Office of Emergency Services in
consultation with fire protection and law enforcement service
providers. The Office of Emergency Services shall make the plan
available to counties and fire protection and law enforcement
agencies for use and adoption by the board of supervisors and the
governing boards of all search and rescue providers. If the board
assigns responsibility for search and rescue activities in a manner
that is inconsistent with these model operating guidelines, the board
shall adopt a resolution to clarify why the local model provides
better protections than the Search and Rescue Model Operating Plan,
as developed by the Office of Emergency Services, to residents in
need of county search and rescue services. Counties are encouraged to
adopt their countywide search and rescue plans and to review them on
a regular basis. A review of a countywide search and rescue plan
shall include, but is not limited to, changes made to the Search and
Rescue Model Operating Plan by the Office of Emergency Services. This
section shall not be construed to vest any additional powers for
search and rescue upon sheriffs or any other public safety agency
that provides search and rescue.
SEC. 347. Section 51018 of the Government Code
is amended to read:
51018. (a) Every rupture, explosion, or fire involving a
pipeline, including a pipeline system otherwise exempted by
subdivision (a) of Section 51010.5, and including a pipeline
undergoing testing, shall be immediately reported by the pipeline
operator to the fire department having fire suppression
responsibilities and to the Office of Emergency Services. In
addition, the pipeline operator shall, within 30 days of the rupture,
explosion, or fire, file a report with the State Fire Marshal
containing all the information that the State Fire Marshal may
reasonably require to prepare the report required pursuant to
subdivision (d).
(b) (1) The Office of Emergency Services shall immediately notify
the State Fire Marshal of the incident, who shall immediately
dispatch his or her employees to the scene. The State Fire Marshal or
his or her employees, upon arrival, shall provide technical
expertise and advise the operator and all public agencies on
activities needed to mitigate the hazard.
(2) For purposes of this subdivision, the Legislature does not
intend to hinder or disrupt the workings of the "incident commander
system," but does intend to establish a recognized element of
expertise and direction for the incident command to consult and
acknowledge as an authority on the subject of pipeline incident
mitigation. Furthermore, it is expected that the State Fire Marshal
will recognize the expertise of the pipeline operator and any other
emergency agency personnel who may be familiar with the particular
location of the incident and respect their knowledgeable input
regarding the mitigation of the incident.
(c) For purposes of this section, "rupture" includes every
unintentional liquid leak, including any leak that occurs during
hydrostatic testing, except that a crude oil leak of less than five
barrels from a pipeline or flow line in a rural area, or any crude
oil or petroleum product leak in any in-plant piping system of less
than five barrels, when no fire, explosion, or bodily injury results
or no waterway is contaminated thereby, does not constitute a rupture
for purposes of the reporting requirements of subdivision (a).
(d) The State Fire Marshal shall, every fifth year commencing in
1999, issue a report identifying pipeline leak incident rate trends,
reviewing current regulatory effectiveness with regard to pipeline
safety, and recommending any necessary changes to the Legislature.
This report shall include an assessment of the condition of each
pipeline and shall include all of the following: total length of
regulated pipelines, total length of regulated piggable pipeline,
total number of line sections, average length of each section, number
of leaks during study period, average spill size, average damage per
incident, average age of leak pipe, average diameter of leak pipe,
injuries during study period, cause of the leak or spill, fatalities
during study period, and other information as deemed appropriate by
the State Fire Marshal.
(e) This section does not preempt any other applicable federal or
state reporting requirement.
(f) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
(g) This section does not apply to pipeline ruptures involving
nonreportable crude oil spills under Section 3233 of the Public
Resources Code, unless the spill involves a fire or explosion.
SEC. 348. Section 53108.5 of the Government Code
is amended to read:
53108.5. "Division," as used in this article, means the Public
Safety Communications Division within the Department of Technology.
SEC. 349. Section 53126.5 of the Government
Code is amended to read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(b) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a local public agency
such as street maintenance and animal control.
(c) "Public Safety Communications Division" means the Public
Safety Communications Division within the Department of Technology.
SEC. 350. SEC. 309. Section 53630.5
of the Government Code is amended to read:
53630.5. (a) The definitions in Section 1750 of, and Chapter 1
(commencing with Section 99) of Division 1 of, the Financial Code
apply to this section.
(b) In this article, for purposes of being a depository of moneys
belonging to or being in the custody of a local agency, the phrases
"state or national bank located in this state," "state or national
bank," "state or national bank in this state," and "state or national
banks in the state" include, without limitation, any of the
following:
(1) Any California branch office of a foreign (other state) state
bank that the bank is authorized to maintain under the law of its
domicile and federal law.
(2) Any California branch office of a foreign (other state)
national bank that the bank is authorized to maintain under federal
law.
(3) Any California branch office of a foreign (other nation) bank
that the bank is licensed to maintain under Article 3 (commencing
with Section 1800) of Chapter 20 of Division 1.1 of the Financial
Code.
(4) Any California federal branch of a foreign (other nation) bank
that the bank is authorized to maintain under federal law.
SEC. 351. SEC. 310. Section 54238.3
of the Government Code is amended to read:
54238.3. (a) This article shall apply only to surplus residential
properties which were acquired for a state project, for which at
least 20 dwelling units were acquired and owned by the state on
January 1, 1980, or on the date the properties were declared to be
surplus, whichever date occurs later. For the purpose of this
section, a freeway route and its interchanges shall be considered one
state project. Except for State Highway Route 7 in Los Angeles
County, this article shall not apply to freeway routes rescinded on
or after January 1, 1984.
(b) Any person who is displaced from any dwelling located on such
residential property that is also located within the right-of-way of
a freeway route or its interchanges for which the property was
declared surplus on or after January 1, 1984, and who occupied that
dwelling for at least 90 days prior to the date the property was
declared surplus, shall be eligible to receive the relocation
advisory assistance provided by Section 7261, the relocation benefits
provided by paragraph (1) of subdivision (a) or subdivision (b) of
Section 7262, the payments authorized by subdivision (b) or (c) of
Section 7264, and the right for review of decision as provided by
Section 7266 if the person is forced to relocate from the dwelling,
as a direct result of the state agency's disposal of the excess real
property, within 90 days of the recordation of the deed from the
state agency to a new owner.
(c) Whenever a state surplus residential property disposal
project, as described in subdivision (b), includes 50 or more
dwelling units, a Relocation Liaison shall be appointed by the
Secretary of Transportation. The term of the appointment shall be of
sufficient duration for the Relocation Liaison to fulfill the
assignment, not to exceed 180 days, and shall begin on the date that
the property is declared to be surplus. The Relocation Liaison shall
have the following assigned duties and responsibilities:
(1) Meet with the eligible persons and explain to them the
benefits defined in subdivision (b).
(2) In conjunction with the state agency, assist in obtaining
replacement housing for eligible persons.
(3) Assist eligible persons in completing and processing claims
for benefits.
The state agency which is disposing of the surplus residential
property shall be responsible for underwriting all reasonable costs
as determined by the secretary associated with the operation of the
Relocation Liaison's office necessary to perform all duties assigned
to it.
SEC. 352. SEC. 311. Section 63021 of
the Government Code is amended to read:
63021. (a) There is within the Governor's Office of Business and
Economic Development the Infrastructure and Economic Development Bank
which shall be responsible for administering this division.
(b) The bank shall be under the direction of an executive director
appointed by the Governor, and who shall serve at the pleasure of
the Governor. The appointment shall be subject to confirmation by the
Senate.
SEC. 353. Section 63021.5 of the Government
Code is amended to read:
63021.5. (a) The bank shall be governed and its corporate power
exercised by a board of directors that shall consist of the following
persons:
(1) The Director of Finance or his or her designee.
(2) The Treasurer or his or her designee.
(3) The Director of the Governor's Office of Economic and Business
Development or his or her designee, who shall serve as chair of the
board.
(4) An appointee of the Governor.
(5) The Secretary of Transportation or his or her designee.
(b) Any designated director shall serve at the pleasure of the
designating power.
(c) Three of the members shall constitute a quorum and the
affirmative vote of three board members shall be necessary for any
action to be taken by the board.
(d) A member of the board shall not participate in any bank action
or attempt to influence any decision or recommendation by any
employee of, or consultant to, the bank that involves a sponsor of
which he or she is a representative or in which the member or a
member of his or her immediate family has a personal financial
interest within the meaning of Section 87100. For purposes of this
section, "immediate family" means the spouse, children, and parents
of the member.
(e) Except as provided in this subdivision, the members of the
board shall serve without compensation, but shall be reimbursed for
actual and necessary expenses incurred in the performance of their
duties to the extent that reimbursement for these expenses is not
otherwise provided or payable by another public agency, and shall
receive one hundred dollars ($100) for each full day of attending
meetings of the authority.
SEC. 354. SEC. 312. Section 65037.1
of the Government Code is repealed.
SEC. 355. SEC. 313. Section 65080.1
of the Government Code, as amended by Section 20 of Chapter 681 of
the Statutes of 1982, is amended to read:
65080.1. Once preparation of a regional transportation plan has
been commenced by or on behalf of a designated transportation
planning agency, the Secretary of Transportation shall not designate
a new transportation planning agency pursuant to Section 29532 for
all or any part of the geographic area served by the originally
designated agency unless he or she first determines that
redesignation will not result in the loss to California of any
substantial amounts of federal funds.
SEC. 356. SEC. 314. Section 65302 of
the Government Code is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand, and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control and shall
analyze and quantify, to the extent practicable, as determined by the
legislative body, current and projected noise levels for all of the
following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (Ldn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence; liquefaction; and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency (FEMA). The identification of a flood hazard zone
does not imply that areas outside the flood hazard zones or uses
permitted within flood hazard zones will be free from flooding or
flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i)
Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated as
necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard severity
zones, as defined in Section 51177. This review shall consider the
advice included in the Office of Planning and Research's most recent
publication of "Fire Hazard Planning, General Technical Advice Series"
and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited
to, all of the following:
(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local
agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.
(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in a state responsibility area or
very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response vehicles,
visible street signs, and water supplies for structural fire
suppression.
(iv) Working cooperatively with public agencies with
responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to, a
city or county's adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information required
pursuant to this paragraph.
(4) After the initial revision of the safety element pursuant to
paragraphs (2) and (3), upon each revision of the housing element,
the planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during
the previous revision of the safety element.
(5) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(6) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services for the purpose of
including information known by and available to the department, the
agency, and the board required by this subdivision.
(7) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
SEC. 357. SEC. 315. Section 65302.6
of the Government Code is amended to read:
65302.6. (a) A city, county, or a city and county may adopt with
its safety element pursuant to subdivision (g) of Section 65302 a
local hazard mitigation plan (HMP) specified in the federal Disaster
Mitigation Act of 2000 (Public Law 106-390). The hazard mitigation
plan shall include all of the following elements called for in the
federal act requirements:
(1) An initial earthquake performance evaluation of public
facilities that provide essential services, shelter, and critical
governmental functions.
(2) An inventory of private facilities that are potentially
hazardous, including, but not limited to, multiunit, soft story,
concrete tilt-up, and concrete frame buildings.
(3) A plan to reduce the potential risk from private and
governmental facilities in the event of a disaster.
(b) Local jurisdictions that have not adopted a local hazard
mitigation plan shall be given preference by the Office of Emergency
Services in recommending actions to be funded from the Pre-Disaster
Mitigation Program, the Hazard Mitigation Grant Program, and the
Flood Mitigation Assistance Program to assist the local jurisdiction
in developing and adopting a local hazard mitigation plan, subject to
available funding from the Federal Emergency Management Agency.
SEC. 358. SEC. 316. Section 66427.1
of the Government Code is amended to read:
66427.1. (a) The legislative body shall not approve a final map
for a subdivision to be created from the conversion of residential
real property into a condominium project, a community apartment
project, or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment
project, or stock cooperative project, and each person applying for
the rental of a unit in the residential real property, has received
or will have received all applicable notices and rights now or
hereafter required by this chapter or Chapter 3 (commencing with
Section 66451).
(2) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has received or will
receive each of the following notices:
(A) Written notification, pursuant to Section 66452.18, of
intention to convert, provided at least 60 days prior to the filing
of a tentative map pursuant to Section 66452.
(B) Ten days' written notification that an application for a
public report will be, or has been, submitted to the Bureau of Real
Estate, that the period for each tenant's right to purchase begins
with the issuance of the final public report, and that the report
will be available on request.
(C) Written notification that the subdivider has received the
public report from the Bureau of Real Estate. This notice shall be
provided within five days after the date that the subdivider receives
the public report from the Bureau of Real Estate.
(D) Written notification within 10 days after approval of a final
map for the proposed conversion.
(E) One hundred eighty days' written notice of intention to
convert, provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.19, but
not before the local authority has approved a tentative map for the
conversion. The notice given pursuant to this paragraph shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or the obligations imposed by
Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of
his or her respective unit upon the same terms and conditions that
the unit will be initially offered to the general public or terms
more favorable to the tenant pursuant to Section 66452.20. The
exclusive right to purchase shall commence on the date the
subdivision public report is issued, as provided in Section 11018.2
of the Business and Professions Code, and shall run for a period of
not less than 90 days, unless the tenant gives prior written notice
of his or her intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied
if those notices comply with the legal requirements for service by
mail.
(c) This section shall not diminish, limit, or expand, other than
as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese,
Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a
condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.
SEC. 359. SEC. 317. Section 66452.17
of the Government Code is amended to read:
66452.17. (a) Commencing at a date not less than 60 days prior to
the filing of a tentative map pursuant to Section 66452, the
subdivider or his or her agent shall give notice of the filing, in
the form outlined in subdivision (b), to each person applying after
that date for rental of a unit of the subject property immediately
prior to the acceptance of any rent or deposit from the prospective
tenant by the subdivider.
(b) The notice shall be as follows:
""To the prospective occupant(s) of
_______________________________________________:
(address)
The owner(s) of this building, at (address), has filed or plans to
file a tentative map with the (city, county, or city and county) to
convert this building to a (condominium, community apartment, or
stock cooperative project). No units may be sold in this building
unless the conversion is approved by the (city, county, or city and
county) and until after a public report is issued by the Bureau of
Real Estate. If you become a tenant of this building, you shall be
given notice of each hearing for which notice is required pursuant to
Sections 66451.3 and 66452.5 of the Government Code, and you have
the right to appear and the right to be heard at any such hearing.
_______________________________
(signature of owner or owner's
agent)
_______________________________
(dated)
I have received this notice on_________________.
(date)
_______________________________
(prospective tenant's
signature)''
(c) Failure by a subdivider or his or her agent to give the notice
required in subdivision (a) shall not be grounds to deny the
conversion. However, if the subdivider or his or her agent fails to
give notice pursuant to this section, he or she shall pay to each
prospective tenant who becomes a tenant and who was entitled to the
notice, and who does not purchase his or her unit pursuant to
subparagraph (F) of paragraph (2) of subdivision (a) of Section
66427.1, an amount equal to the sum of the following:
(1) Actual moving expenses incurred when moving from the subject
property, but not to exceed one thousand one hundred dollars
($1,100).
(2) The first month's rent on the tenant's new rental unit, if
any, immediately after moving from the subject property, but not to
exceed one thousand one hundred dollars ($1,100).
(d) The requirements of subdivision (c) constitute a minimum state
standard. However, nothing in that subdivision shall be construed to
prohibit any city, county, or city and county from requiring, by
ordinance or charter provision, a subdivider to compensate any
tenant, whose tenancy is terminated as the result of a condominium,
community apartment project, or stock cooperative conversion, in
amounts or by services which exceed those set forth in paragraphs (1)
and (2) of that subdivision. If that requirement is imposed by any
city, county, or city and county, a subdivider who meets the
compensation requirements of the local ordinance or charter provision
shall be deemed to satisfy the requirements of subdivision (c).
SEC. 360. SEC. 318. Section 66503 of
the Government Code is amended to read:
66503. The commission shall consist of 21 members as follows:
(a) Two members each from the City and County of San Francisco and
the Counties of Contra Costa and San Mateo, and three members each
from the Counties of Alameda and Santa Clara. With respect to the
members from the City and County of San Francisco, the mayor shall
appoint one member and the board of supervisors shall appoint one
member. With respect to the members from Alameda, Contra Costa, San
Mateo, and Santa Clara Counties, the city selection committee
organized in each county pursuant to Article 11 (commencing with
Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5, shall
appoint one member and the board of supervisors shall appoint one
member. The Mayor of the City of Oakland shall be self-appointed or
shall appoint a member of the Oakland City Council to serve as the
third member from the County of Alameda. The Mayor of the City of San
Jose shall be self-appointed or shall appoint a member of the San
Jose City Council to serve as the third member from the County of
Santa Clara.
(b) One member each from Marin, Napa, Solano, and Sonoma Counties.
The city selection committee of these counties shall furnish to the
board of supervisors the names of three nominees and the board of
supervisors shall appoint one of the nominees to represent the
county.
(c) One representative each appointed by the Association of Bay
Area Governments and the San Francisco Bay Conservation and
Development Commission. The representative appointed by the San
Francisco Bay Conservation and Development Commission shall be a
member of the commission and a resident of the City and County of San
Francisco, and shall be approved by the Mayor of San Francisco.
(d) One representative, who shall be a nonvoting member, appointed
by the Secretary of Transportation.
(e) One representative each appointed by the United States
Department of Transportation and Department of Housing and Urban
Development. However, these representatives shall serve only if the
agencies they represent are amenable to these appointments. These
representatives shall be nonvoting members.
(f) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.
(g) No more than three members appointed pursuant to subdivisions
(a), (b), and (c) shall be residents of the same county.
SEC. 361. SEC. 319. Section 66521 of
the Government Code is amended to read:
66521. (a) It is the intention of the Legislature that the
federal government, the state, and local agencies in the region will
participate in support of the commission. The Legislature further
intends that financial support of the activities of the commission
will be made available from federal, state, and local sources
normally available for transportation and general planning purposes
in the region.
(b) The commission and the Transportation Agency shall negotiate
contracts or agreements whereby federal-aid highway funds available
for planning, and the necessary state matching funds from the State
Highway Account in the State Transportation Fund, may be made
available for support of the activities of the commission insofar as
they relate to highway, road, and street planning for the region.
(c) The commission shall also negotiate, either directly or
through the Office of Planning and Research or other appropriate
agency, with the United States Department of Housing and Urban
Development for grants or contributions of federal funds which may be
available to support the study and planning activities of the
commission.
(d) The commission shall negotiate equitable agreements with the
City and County of San Francisco, and other counties and cities
within the region, the Association of Bay Area Governments, the San
Francisco Bay Area Rapid Transit District, the Alameda-Contra Costa
Transit District, and the Golden Gate Bridge, Highway and
Transportation District for the contribution of funds or services for
the general support of the activities of the commission and for
required matching of federal funds as may be made available. Any
county, city and county, or city may use its apportionments from the
Motor Vehicle License Fee Account in the Transportation Tax Fund for
these purposes.
SEC. 362. SEC. 320. Section 66540.5
of the Government Code is amended to read:
66540.5. The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge, Highway and
Transportation District. During a state of war emergency, a state of
emergency, or a local emergency, as described in Section 8558, the
authority, in cooperation with the Office of Emergency Services, the
United States Coast Guard, the Federal Emergency Management Agency,
and the Metropolitan Transportation Commission, shall coordinate the
emergency activities for all water transportation services in the bay
area region and, for such purposes, shall be known as the Bay Area
Maritime Emergency Transportation Coordinator.
SEC. 363. SEC. 321. Section 66540.32
of the Government Code is amended to read:
66540.32. (a) The authority shall create and adopt, on or before
July 1, 2009, an emergency water transportation system management
plan for water transportation services in the bay area region in the
event that bridges, highways, and other facilities are rendered
wholly or significantly inoperable.
(b) (1) The authority shall create and adopt, on or before July 1,
2009, a transition plan to facilitate the transfer of existing
public transportation ferry services within the bay area region to
the authority pursuant to this title. In the preparation of the
transition plan, priority shall be given to ensuring continuity in
the programs, services, and activities of existing public
transportation ferry services.
(2) The plan required by this subdivision shall include all of the
following:
(A) A description of existing ferry services in the bay area
region, as of January 1, 2008, that are to be transferred to the
authority pursuant to Section 66540.11 and a description of any
proposed changes to those services.
(B) A description of any proposed expansion of ferry services in
the bay area region.
(C) An inventory of the ferry and ferry-related capital assets or
leasehold interests, including, but not limited to, vessels,
terminals, maintenance facilities, and existing or planned parking
facilities or parking structures, and of the personnel, operating
costs, and revenues of public agencies operating public
transportation ferries and providing water transportation services as
of January 1, 2008, and those facilities that are to be transferred,
in whole or in part, to the authority pursuant to Section 66540.11.
(D) A description of those capital assets, leasehold interests,
and personnel identified in subparagraph (C) that the authority
proposes to be transferred pursuant to Section 66540.11.
(E) An operating plan that includes, at a minimum, an estimate of
the costs to continue the ferry services described in subparagraph
(A) for at least five years and a detailed description of current and
historically available revenues and proposed sources of revenue to
meet those anticipated costs. Further, the operating plan shall
identify options for closing any projected deficits or for addressing
increased cost inputs, such as fuel, for at least the five-year
period.
(F) A description of the proposed services, duties, functions,
responsibilities, and liabilities of the authority and those of
agencies providing or proposed to provide water transportation
services for the authority.
(G) To the extent the plan may include the transfer of assets or
services from a local agency to the authority pursuant to Section
66540.11, that transfer shall be subject to negotiation and agreement
by the local agency. The authority and the local agency shall
negotiate and agree on fair terms, including just compensation, prior
to any transfer authorized by this title.
(H) An initial five-year Capital Improvement Program (CIP)
detailing how the authority and its local agency partners plan to
support financing and completion of capital improvement projects,
including, but not limited to, those described in subparagraph (C),
that are required to support the operation of transferred ferry
services. Priority shall be given to emergency response projects and
those capital improvement projects for which a Notice of
Determination pursuant to the California Environmental Quality Act
has been filed and which further the expansion, efficiency, or
effectiveness of the ferry system.
(I) A description of how existing and expanded water
transportation services will provide seamless connections to other
transit providers in the bay area region, including, but not limited
to, a description of how the authority will coordinate with all local
agencies to ensure optimal public transportation services, including
supplemental bus services that existed on January 1, 2008, that
support access to the ferry system for the immediate and surrounding
communities.
(J) The date on which the ferry services are to be transferred to
the authority.
(3) To the extent the plan required by this subdivision includes
proposed changes to water transportation services or related
facilities historically provided by the City of Vallejo or the City
of Alameda, the proposed changes shall be consistent with that city's
general plan, its redevelopment plans, and its development and
disposition agreements for projects related to the provision of water
transportation services. Those projects include, but are not limited
to, the construction of parking facilities and transit transfer
facilities within close proximity of a ferry terminal or the
relocation of a ferry terminal.
(c) In developing the plans described in subdivisions (a) and (b),
the authority shall cooperate to the fullest extent possible with
the Metropolitan Transportation Commission, the Office of Emergency
Services, the Association of Bay Area Governments, and the San
Francisco Bay Conservation and Development Commission, and shall, to
the fullest extent possible, coordinate its planning with local
agencies, including those local agencies that operated, or contracted
for the operation of, public water transportation services as of the
effective date of this title. To avoid duplication of work, the
authority shall make maximum use of data and information available
from the planning programs of the Metropolitan Transportation
Commission, the Office of Emergency Services, the Association of Bay
Area Governments, the San Francisco Bay Conservation and Development
Commission, the cities and counties in the San Francisco Bay area,
and other public and private planning agencies. In addition, the
authority shall consider both of the following:
(1) The San Francisco Bay Area Water Transit Implementation and
Operations Plan adopted by the San Francisco Bay Area Water Transit
Authority on July 10, 2003.
(2) Any other plan concerning water transportation within the bay
area region developed or adopted by any general purpose local
government or special district that operates or sponsors water
transit, including, but not limited to, those water transportation
services provided under agreement with a private operator.
(d) The authority shall prepare a specific transition plan for any
transfer not anticipated by the transition plan required under
subdivision (b).
(e) Prior to adopting the plans required by this section, the
authority shall establish a process for taking public input on the
plans in consultation with existing operators of public ferry
services affected by the plans. The public input process shall
include at least one public hearing conducted at least 60 days prior
to the adoption of the plans in each city where an operational ferry
facility existed as of January 1, 2008.
SEC. 364. Section 91550 of the Government Code
is amended to read:
91550. There is in state government the California Industrial
Development Financing Advisory Commission, consisting of five
members, as follows:
(a) The
Treasurer, who shall serve as chairperson.
(b) The Controller.
(c) The Director of Finance.
(d) The Secretary of Business, Consumer Services and Housing.
(e) The Commissioner of Business Oversight.
Members of the commission may each designate a deputy or employee
in his or her agency to act for him or her at all meetings of the
commission. The first meeting shall be convened by the Treasurer.
SEC. 365. SEC. 322. Section 99503 of
the Government Code is amended to read:
99503. (a) (1) All state employees working under the jurisdiction
of an agency secretary shall, within 30 days of traveling out of the
country on official state business provide, to the secretary to whom
they report, a memorandum detailing dates of the trip, countries and
localities visited, a description of attendees of any official
meetings or events, and the goals, outcomes, and followup expected
from the trip. However, attendance at formal conferences may be
described in more general detail, including dates, location, types of
groups represented in the audience, and general topics covered
during the course of the conference.
(2) Except as provided in paragraphs (3) and (4), state employees
who do not work within an agency structure shall report the
information as described in paragraph (1) to the Governor's office.
(3) Legislative employees shall provide the information as
described in paragraph (1) to their respective Committee on Rules.
(4) State employees working under the jurisdiction of a
constitutional officer shall provide the information as described in
paragraph (1) to the constitutional officer to whom they report.
(5) Except as provided in paragraphs (3) and (4), state employees
who undertake official state business that could impact California
international trade or investment shall also provide a copy of the
memorandum to the Director of the Governor's Office of Business and
Economic Development.
(b) Travel out of the country on official state business when the
Governor, a Member of the Legislature, or a constitutional officer,
or all of these persons, is present, is exempt from the requirements
of subdivision (a).
SEC. 366. SEC. 323. Section 30.5 is
added to the Harbors and Navigation Code, to read:
30.5. Whenever the term "Business, Transportation and Housing
Agency" appears within the Harbors and Navigation Code, it shall
refer to the Transportation Agency, and whenever the term "Secretary
of Business, Transportation and Housing" appears within the Harbors
and Navigation Code, it shall refer to the Secretary of
Transportation.
SEC. 367. SEC. 324. Section 31 of the
Harbors and Navigation Code is repealed.
SEC. 368. SEC. 325. Section 32 of
the Harbors and Navigation Code is amended to read:
32. "Department" or "Division" means the Division of Boating and
Waterways in the Department of Parks and Recreation.
SEC. 369. SEC. 326. Section 33 of
the Harbors and Navigation Code is amended to read:
33. "Director" or "deputy director" means the Deputy Director of
Boating and Waterways.
SEC. 370. SEC. 327. Section 50 of
the Harbors and Navigation Code is amended to read:
50. (a) The Department of Harbors and Watercraft and its
successor, the Department of Navigation and Ocean Development, and
the Department of Boating and Waterways are continued in existence in
the Department of Parks and Recreation as the Division of Boating
and Waterways. The Division of Boating and Waterways is the successor
to, and is vested with, the powers, functions, and jurisdiction of
the following state departments and agencies as hereinafter
specified:
(1) All of the powers, functions, and jurisdiction previously
vested in the Division of Small Craft Harbors of the Department of
Parks and Recreation.
(2) All of the powers, functions, and jurisdiction of the State
Lands Commission with respect to the acquisition, construction,
development, improvement, maintenance, and operation of small craft
harbors.
(3) All of the powers, functions, and jurisdiction of the
Department of Parks and Recreation with respect to boating facility
planning, design, and construction, except as specifically provided
with respect to boating trails in the California Recreational Trails
Act (commencing with Section 5070 of the Public Resources Code) and
in Article 2.6 (commencing with Section 68) of this chapter.
(4) All of the powers, functions, and jurisdiction of the Office
of Architecture and Construction in the Department of General
Services with respect to boating facility planning and design.
(5) All of the powers, functions, and jurisdiction of the
Department of Water Resources with respect to beach erosion control.
(6) All of the policymaking and regulatory powers, functions, and
jurisdiction of the Harbors and Watercraft Commission as to matters
within the jurisdiction of the department.
(b) Regulations adopted by the former Department of Boating and
Waterways shall remain in effect until revised or repealed by the
Division of Boating and Waterways.
SEC. 371. SEC. 328. Section 50.1 of
the Harbors and Navigation Code is amended to read:
50.1. (a) Whenever the term "Division of Small Craft Harbors" or
the term "Small Craft Harbors Commission" or the term "Department of
Boating and Waterways" is used in any provision of law, it shall be
construed as referring to the Division of Boating and Waterways.
(b) Whenever, by any statute now in force or that may be hereafter
enacted, any power, function, or jurisdiction, as specified in
Section 50, is imposed or conferred upon the State Lands Commission,
the Department of Parks and Recreation, the Office of Architecture
and Construction in the Department of General Services, or the
Department of Water Resources, such power, function, or jurisdiction
shall be deemed to be imposed or conferred upon the Division of
Boating and Waterways.
(c) This section and this code do not divest the State Lands
Commission of jurisdiction with respect to the leasing of state
lands, including state lands used for small craft harbors, swamps and
overflowed lands, or tide and submerged lands, for the extraction
and removal of oil and gas and other minerals.
SEC. 372. SEC. 329. Section 50.2 of
the Harbors and Navigation Code is amended to read:
50.2. The division shall be administered by an executive officer
known as the Deputy Director of Boating and Waterways. Any reference
to the Director of Boating and Waterways shall be deemed to refer to
the Deputy Director of Boating and Waterways. The deputy director
shall be appointed by and hold office at the pleasure of the Governor
and shall receive the salary provided for by Chapter 6 (commencing
with Section 11550) of Part 1 of Division 3 of Title 2 of the
Government Code. The appointment of any deputy director appointed by
the Governor shall be subject to confirmation by the Senate.
SEC. 373. SEC. 330. Section 65.4 of
the Harbors and Navigation Code is repealed.
SEC. 374. SEC. 331. Section 81.8 of
the Harbors and Navigation Code, as added by Section 2 of Chapter 136
of the Statutes of 2012, is amended to read:
81.8. The deputy director shall act as the secretary of the
commission.
SEC. 375. SEC. 332. Section 85.2 of
the Harbors and Navigation Code is amended to read:
85.2. (a) All moneys in the Harbors and Watercraft Revolving Fund
are available, upon appropriation by the Legislature, for
expenditure by the Department of Parks and Recreation for boating
facilities development, boating safety, and boating regulation
programs, and for the purposes of Section 656.4, including refunds,
and for expenditure for construction of small craft harbor and
boating facilities planned, designed, and constructed by the
division, as specified in subdivision (c) of Section 50, at sites
owned or under the control of the state.
(b) (1) The money in the fund is also available, upon
appropriation by the Legislature, for the operation and maintenance
of units of the state park system that have boating-related
activities. Funds appropriated may also be used for boating safety
and enforcement programs.
(2) The Department of Parks and Recreation shall submit to the
Legislature, on or before January 1 of each year, a report describing
the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and Watercraft
Revolving Fund and from the Motor Vehicle Fuel Account in the
Transportation Tax Fund attributable to taxes imposed on the
distribution of motor vehicle fuel used or usable in propelling
vessels during the previous fiscal year. The report shall list the
special project or use, project location, amount of money allocated
or expended, the source of funds allocated or expended, and the
relation of the project or use to boating activities.
(c) The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.
(d) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Fish and Game for activities
addressing the boating-related spread of invasive species.
(e) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Food and Agriculture for
activities addressing the boating-related spread of invasive species.
SEC. 376. SEC. 333. Section 1150 of
the Harbors and Navigation Code is amended to read:
1150. (a) There is in the Transportation Agency a Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun,
consisting of seven members appointed by the Governor, with the
consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco, San
Pablo, Suisun, or Monterey, one of whom shall be engaged in the
field of tanker company operations, and one of whom shall be engaged
in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any person may serve as
a public member unless otherwise prohibited by law, except that
during his or her term of office or within the two years preceding
his or her appointment, a public member appointed shall not have (A)
any financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under
the authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law, this chapter does
not prohibit the Governor from notifying the nominating authority
identified in paragraph (2) that persons nominated are unacceptable
for appointment. Following that notification, the nominating
authority shall submit a new list of nominees to the Governor, naming
three persons, none of whom were previously nominated, from which
the Governor may make the appointment. This process shall be
continued until a person nominated by the nominating authority and
satisfactory to the Governor has been appointed.
(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:
(1) Each of the members appointed pursuant to paragraphs (1) and
(2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012, to an
initial term pursuant to paragraph (1) of subdivision (a) shall be
appointed to a term expiring on December 31, 2014, and the first
member appointed after December 31, 2012, to an initial term pursuant
to paragraph (2) of subdivision (a) shall be appointed to a term
expiring on December 31, 2014.
(2) Members appointed pursuant to paragraph (3) of subdivision (a)
shall be appointed with staggered four-year terms with the initial
four-year terms expiring on December 31 of the years 1988, 1990, and
1991, respectively.
(3) A person shall not be appointed for more than two terms.
(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of Transportation shall serve as an ex officio
member of the board who, without vote, may exercise all other
privileges of a member of the board.
SEC. 377. SEC. 334. Section 1596.867
of the Health and Safety Code is amended to read:
1596.867. (a) All child day care facilities, as defined in
Section 1596.750, shall include an Earthquake Preparedness Checklist
as an attachment to the disaster plan prescribed by Section 1596.95
or 1597.54. However, the Earthquake Preparedness Checklist shall not
be considered a requirement for obtaining or maintaining a license
for a child day care center or family day care home. The Earthquake
Preparedness Checklist shall be made accessible to the public at the
child day care center, or family day care home. The licensing agency
shall not monitor or be responsible for enforcing any provision
contained in the Earthquake Preparedness Checklist or ensuring that
the checklist is made accessible to the public.
(b) The Earthquake Preparedness Checklist shall not exceed two
typewritten pages and the department may add to or delete from the
list, as it deems appropriate. The checklist may include, but not be
limited to, all of the procedures that are listed in the following
proposed Earthquake Preparedness Checklist. A licensee of a child day
care center or family day care home shall have the option of
selecting from the checklist the procedures, if any, the licensee
chooses to use in the child day care center or family day care home.
Earthquake Preparedness Checklist (EPC)*
Eliminate potential hazards in classrooms
and throughout the
site:
____ Bolt bookcases in high traffic areas
securely to wall studs
____ Move heavy books and items from high to low
shelves
____ Secure and latch filing cabinets
____ Secure cabinets in high traffic areas with
child safety latches
Secure aquariums, computers, typewriters, TV-
VCR
____
equipment to surfaces, such as by using
Velcro tabs
Make provisions for securing rolling
____ portable items such as
TV-VCRs, pianos, refrigerators
Move children's activities and play areas
away from
____ windows, or protect windows with blinds or
adhesive
plastic sheeting
____ Secure water heater to wall using plumber's
tape
____ Assess and determine possible escape routes
Establish a coordinated response plan involving
all of the following:
Involving children:
Teach children about earthquakes and what to
____ do (see
resource list below)
Practice ""duck, cover, and hold''
____ earthquake drills under
tables or desks no less than 4 times a year
Involving parents:
Post, or make available to parents, copies
of the school
earthquake safety plan (including procedures
for
____ reuniting parents or alternate guardians
with children,
location of planned evacuation site, method
for leaving
messages and communicating)
Enlist parent and community resource
assistance in securing
____ emergency supplies or safeguarding the child
day care
site:
store a 3-day supply of nonperishable
food (including
____ juice, canned food items, snacks, and
infant
formula)
____ store a 3-day supply of water and juice
store food and water in an accessible
____ location, such as
portable plastic storage containers
store other emergency supplies such as
flashlights, a
____ radio with extra batteries, heavy
gloves, trash bags,
and tools
maintain a complete, up-to-date listing
of children,
____ emergency numbers, and contact people
for each
classroom stored with emergency supplies
Involving child day care personnel and local
emergency
agencies:
Identify and assign individual
responsibilities for staff
____ following an earthquake (including
accounting for and
evacuating children, injury control, damage
assessment)
Involve and train all staff members about
the earthquake
____ safety plan, including location and
procedure for turning
off utilities and gas
Contact nearby agencies (including police,
fire, Red Cross,
____ and local government) for information and
materials in
developing the child day care center
earthquake safety plan
*For more free resources contact:
(1) Federal Emergency Management Agency (FEMA)
(2) Office of Emergency
Services
(3) Red Cross
(c) Nothing in this section shall be construed to prevent the
adoption or enforcement of earthquake safety standards for child day
care facilities by local ordinance.
(d) Nothing in this section shall be construed to prevent the
department from adopting or enforcing regulations on earthquake
safety or making earthquake safety drills mandatory.
SEC. 378. SEC. 335. Section 1797.132
of the Health and Safety Code is amended to read:
1797.132. An Interdepartmental Committee on Emergency Medical
Services is hereby established. This committee shall advise the
authority on the coordination and integration of all state activities
concerning emergency medical services. The committee shall include a
representative from each of the following state agencies and
departments: the Office of Emergency Services, the Department of the
California Highway Patrol, the Department of Motor Vehicles, a
representative of the administrator of the California Traffic Safety
Program as provided by Chapter 5 (commencing with Section 2900) of
Division 2 of the Vehicle Code, the Medical Board of California, the
State Department of Public Health, the Board of Registered Nursing,
the State Department of Education, the National Guard, the Office of
Statewide Health Planning and Development, the State Fire Marshal,
the California Conference of Local Health Officers, the Department of
Forestry and Fire Protection, the Chancellor's Office of the
California Community Colleges, and the Department of General
Services.
SEC. 379. SEC. 336. Section 1797.150
of the Health and Safety Code is amended to read:
1797.150. In cooperation with the Office of Emergency Services,
the authority shall respond to any medical disaster by mobilizing and
coordinating emergency medical services mutual aid resources to
mitigate health problems.
SEC. 380. SEC. 337. Section 1797.151
of the Health and Safety Code is amended to read:
1797.151. The authority shall coordinate, through local EMS
agencies, medical and hospital disaster preparedness with other
local, state, and federal agencies and departments having a
responsibility relating to disaster response, and shall assist the
Office of Emergency Services in the preparation of the emergency
medical services component of the State Emergency Plan as defined in
Section 8560 of the Government Code.
SEC. 381. SEC. 338. Section 1797.152
of the Health and Safety Code is amended to read:
1797.152. (a) The director and the State Public Health Officer
may jointly appoint a regional disaster medical and health
coordinator for each mutual aid region of the state. A regional
disaster medical and health coordinator shall be either a county
health officer, a county coordinator of emergency services, an
administrator of a local EMS agency, or a medical director of a local
EMS agency. Appointees shall be chosen from among persons nominated
by a majority vote of the local health officers in a mutual aid
region.
(b) In the event of a major disaster which results in a
proclamation of emergency by the Governor, and in the need to deliver
medical or public and environmental health mutual aid to the area
affected by the disaster, at the request of the authority, the State
Department of Public Health, or the Office of Emergency Services, a
regional disaster medical and health coordinator in a region
unaffected by the disaster may coordinate the acquisition of
requested mutual aid resources from the jurisdictions in the region.
(c) A regional disaster medical and health coordinator may develop
plans for the provision of medical or public health mutual aid among
the counties in the region.
(d) No person may be required to serve as a regional disaster
medical and health coordinator. No state compensation shall be paid
for a regional disaster medical and health coordinator position,
except as determined appropriate by the state, if funds become
available.
SEC. 382. SEC. 339. Section 1797.153
of the Health and Safety Code is amended to read:
1797.153. (a) In each operational area the county health officer
and the local EMS agency administrator may act jointly as the medical
health operational area coordinator (MHOAC). If the county health
officer and the local EMS agency administrator are unable to fulfill
the duties of the MHOAC they may jointly appoint another individual
to fulfill these responsibilities. If an operational area has a
MHOAC, the MHOAC in cooperation with the county office of emergency
services, local public health department, the local office of
environmental health, the local department of mental health, the
local EMS agency, the local fire department, the regional disaster
and medical health coordinator (RDMHC), and the regional office of
the Office of Emergency Services, shall be responsible for ensuring
the development of a medical and health disaster plan for the
operational area. The medical and disaster plans shall follow the
Standard Emergency Management System and National Incident Management
System. The MHOAC shall recommend to the operational area
coordinator of the Office of Emergency Services a medical and health
disaster plan for the provision of medical and health mutual aid
within the operational area.
(b) For purposes of this section, "operational area" has the same
meaning as that term is defined in subdivision (b) of Section 8559 of
the Government Code.
(c) The medical and health disaster plan shall include
preparedness, response, recovery, and mitigation functions consistent
with the State Emergency Plan, as established under Sections 8559
and 8560 of the Government Code, and, at a minimum, the medical and
health disaster plan, policy, and procedures shall include all of the
following:
(1) Assessment of immediate medical needs.
(2) Coordination of disaster medical and health resources.
(3) Coordination of patient distribution and medical evaluations.
(4) Coordination with inpatient and emergency care providers.
(5) Coordination of out-of-hospital medical care providers.
(6) Coordination and integration with fire agencies personnel,
resources, and emergency fire prehospital medical services.
(7) Coordination of providers of nonfire based prehospital
emergency medical services.
(8) Coordination of the establishment of temporary field treatment
sites.
(9) Health surveillance and epidemiological analyses of community
health status.
(10) Assurance of food safety.
(11) Management of exposure to hazardous agents.
(12) Provision or coordination of mental health services.
(13) Provision of medical and health public information protective
action recommendations.
(14) Provision or coordination of vector control services.
(15) Assurance of drinking water safety.
(16) Assurance of the safe management of liquid, solid, and
hazardous wastes.
(17) Investigation and control of communicable disease.
(d) In the event of a local, state, or federal declaration of
emergency, the MHOAC shall assist the agency operational area
coordinator in the coordination of medical and health disaster
resources within the operational area, and be the point of contact in
that operational area, for coordination with the RDMHC, the agency,
the regional office of the agency, the State Department of Public
Health, and the authority.
(e) Nothing in this section shall be construed to revoke or alter
the current authority for disaster management provided under either
of the following:
(1) The State Emergency Plan established pursuant to Section 8560
of the Government Code.
(2) The California standardized emergency management system
established pursuant to Section 8607 of the Government Code.
SEC. 383. SEC. 340. Section 11998.1
of the Health and Safety Code is amended to read:
11998.1. It is the intent of the Legislature that the following
long-term five-year goals be achieved:
(a) With regard to education and prevention of drug and alcohol
abuse programs, the following goals:
(1) Drug and alcohol abuse education has been included within the
mandatory curriculum in kindergarten and grades 1 to 12, inclusive,
in every public school in California.
(2) Basic training on how to recognize, and understand what to do
about, drug and alcohol abuse has been provided to administrators and
all teachers of kindergarten and grades 1 to 12, inclusive.
(3) All school counselors and school nurses have received
comprehensive drug and alcohol abuse training.
(4) Each school district with kindergarten and grades 1 to 12,
inclusive, has appointed a drug and alcohol abuse advisory team of
school administrators, teachers, counselors, students, parents,
community representatives, and health care professionals, all of whom
have expertise in drug and alcohol abuse prevention. The team
coordinates with and receives consultation from the county alcohol
and drug program administrators.
(5) Every school board member has received basic drug and alcohol
abuse information.
(6) Each school district has a drug and alcohol abuse specialist
to assist the individual schools.
(7) Each school in grades 7 to 12, inclusive, has student peer
group drug and alcohol abuse programs.
(8) Every school district with kindergarten and grades 1 to 12,
inclusive, has updated written drug and alcohol abuse policies and
procedures including disciplinary procedures which will be given to
every school employee, every student, and every parent.
(9) The California State University and the University of
California have evaluated and, if feasible, established educational
programs and degrees in the area of drug and alcohol abuse.
(10) Every school district with kindergarten and grades 1 to 12,
inclusive, has an established parent teachers group with drug and
alcohol abuse prevention goals.
(11) Every school district has instituted a drug and alcohol abuse
education program for parents.
(12) Drug and alcohol abuse training has been imposed as a
condition for teacher credentialing and license renewal, and
knowledge on the issue is measured on the California Basic Education
Skills Test.
(13) Drug and alcohol abuse knowledge has been established as a
component on standardized competency tests as a requirement for
graduation.
(14) Every school district has established a parent support group.
(15) Every school district has instituted policies that address
the special needs of children who have been rehabilitated for drug or
alcohol abuse problems and who are reentering school. These policies
shall consider the loss of schooltime, the loss of academic credits,
and the sociological problems associated with drug and alcohol
abuse, its rehabilitation, and the educational delay it causes.
(16) The number of drug and alcohol abuse related incidents on
school grounds has decreased by 20 percent.
(b) With regard to community programs, the following goals:
(1) Every community-based social service organization that
receives state and local financial assistance has drug and alcohol
abuse information available for clients.
(2) All neighborhood watch, business watch, and community conflict
resolution programs have included drug and alcohol abuse prevention
efforts.
(3) All community-based programs that serve schoolaged children
have staff trained in drug and alcohol abuse and give a clear, drug-
and alcohol-free message.
(c) With regard to drug and alcohol abuse programs of the media,
the following goals:
(1) The state has established a comprehensive media campaign that
involves all facets of the drug and alcohol abuse problem, including
treatment, education, prevention, and intervention that will result
in increasing the public's knowledge and awareness of the detrimental
effects of alcohol and drug use, reducing the use of alcohol and
drugs, and increasing healthy lifestyle choices.
(2) The department on a statewide basis, and the county board of
supervisors or its designees at the local level, have:
(A) Assisted the entertainment industry in identifying ways to use
the entertainment industry effectively to encourage lifestyles free
of substance abuse.
(B) Assisted the manufacturers of drug and alcohol products in
identifying ways to use product advertising effectively to discourage
substance abuse.
(C) Assisted television stations in identifying ways to use
television programming effectively to encourage lifestyles free of
substance abuse.
(3) A statewide cooperative fundraising program with recording
artists and the entertainment industry has been encouraged to fund
drug and alcohol abuse prevention efforts in the state.
(d) With regard to drug and alcohol abuse health care programs,
the following goals:
(1) The number of drug and alcohol abuse-related medical
emergencies has decreased by 4 percent per year.
(2) All general acute care hospitals and AIDS medical service
providers have provided information to their patients on drug and
alcohol abuse.
(3) The Medical Board of California, the Psychology Examining
Committee, the Board of Registered Nursing, and the Board of
Behavioral Science Examiners have developed and implemented the
guidelines or regulations requiring drug and alcohol abuse training
for their licensees, and have developed methods of providing training
for those professionals.
(e) With regard to private sector drug and alcohol abuse programs,
the following goals:
(1) A significant percentage of businesses in the private sector
have developed personnel policies that discourage drug and alcohol
abuse and encourage supervision, training, and employee education.
(2) Noteworthy and publicly recognized figures and private
industry have been encouraged to sponsor fundraising events for drug
and alcohol abuse prevention.
(3) Every public or private athletic team has been encouraged to
establish policies forbidding drug and alcohol abuse.
(4) The private sector has established personnel policies that
discourage drug and alcohol abuse but encourage treatment for those
employees who require this assistance.
(f) With regard to local government drug and alcohol abuse
programs, the following goals:
(1) Every county has a five-year master plan to eliminate drug and
alcohol abuse developed jointly by the county-designated alcohol and
drug program administrators, reviewed jointly by the advisory boards
set forth in paragraph (2), and approved by the board of
supervisors. For those counties in which the alcohol and drug
programs are jointly administered, the administrator shall develop
the five-year master plan. To the degree possible, all existing local
plans relating to drug or alcohol abuse shall be incorporated into
the master plan.
(2) Every county has an advisory board on alcohol problems and an
advisory board on drug programs. The membership of these advisory
boards is representative of the county's population and is
geographically balanced. To the maximum extent possible, the county
advisory board on alcohol problems and the county advisory board on
drug programs will have representatives of the following:
(A) Law enforcement.
(B) Education.
(C) The treatment and recovery community, including a
representative with expertise in AIDS treatment services.
(D) Judiciary.
(E) Students.
(F) Parents.
(G) Private industry.
(H) Other community organizations involved in drug and alcohol
services.
(I) A representative of organized labor responsible for the
provision of Employee Assistance Program services.
If any of these areas is not represented on the advisory bodies,
the administrator designated in paragraph (1) shall solicit input
from a representative of the nonrepresented area prior to the
development of a master plan pursuant to paragraph (1).
(3) Every county public social service agency has established
policies that discourage drug and alcohol abuse and encourage
treatment and recovery services when necessary.
(4) Every local unit of government has an employee assistance
program that addresses drug and alcohol abuse problems.
(5) Every local unit of government has considered the potential
for drug and alcohol abuse problems when developing zoning ordinances
and issuing conditional use permits.
(6) Every county master plan includes treatment and recovery
services.
(6.5) Every county master plan includes specialized provisions to
ensure optimum alcohol and drug abuse service delivery for
handicapped and disabled persons.
(7) Every local unit of government has been encouraged to
establish an employee assistance program that includes the treatment
of drug and alcohol abuse-related programs.
(8) Every local governmental social service provider has
established a referral system under which clients with drug and
alcohol abuse problems can be referred for treatment.
(9) Every county drug and alcohol abuse treatment or recovery
program that serves women gives priority for services to pregnant
women.
(10) Every alcohol and drug abuse program provides AIDS
information to all program participants.
(g) With regard to state and federal government drug and alcohol
abuse programs, the following goals:
(1) The Department of Alcoholic Beverage Control has informed all
alcohol retailers of the laws governing liquor sales and has provided
training available to all personnel selling alcoholic beverages, on
identifying and handling minors attempting to purchase alcohol.
(2) The Office of Emergency Services has required all applicants
for crime prevention and juvenile justice and delinquency prevention
funds to include drug and alcohol abuse prevention efforts in their
programs.
(3) All county applications for direct or indirect drug and
alcohol services funding from the department include a prevention
component.
(4) The Superintendent of Public Instruction has employed drug and
alcohol abuse school prevention specialists and assisted school
districts with the implementation of prevention programs.
(5) The State Department of Health Care Services has staff trained
in drug and alcohol abuse prevention who can assist local mental
health programs with prevention efforts.
(6) The Department of the California Highway Patrol, as permitted
by the United States Constitution, has established routine statewide
sobriety checkpoints for driving while under the influence.
(7) The Department of Corrections and the Department of the Youth
Authority have provided drug and alcohol abuse education and
prevention services for all inmates, wards, and parolees. Both
departments have provided drug and alcohol abuse treatment services
for any inmate, ward, or parolee determined to be in need of these
services, or who personally requests these services.
(8) The Department of Motor Vehicles has distributed prevention
materials with each driver's license or certificate of renewal and
each vehicle registration renewal mailed by the Department of Motor
Vehicles.
(9) Federal prevention programs have been encouraged to follow the
master plan.
(10) State licensing and program regulations for drug and alcohol
abuse treatment programs have been consolidated and administered by
one state agency.
(11) State treatment funding priorities have been included to
specially recognize the multiple diagnosed client who would be
eligible for services from more than one state agency.
(12) Every state agency has formalized employee assistance
programs that include the treatment of drug and alcohol abuse-related
problems.
(13) The state master plan includes specialized provisions to
ensure optimum drug and alcohol abuse service delivery for
handicapped and disabled persons.
(h) With regard to private sector direct service providers, the
following goals:
(1) Drinking drivers programs have provided clear measurements of
successful completion of the program to the courts for each
court-ordered client.
(2) Sufficient drug and alcohol treatment and recovery services
exist throughout the state to meet all clients' immediate and
long-range needs.
(3) Each county to the extent possible provides localized alcohol
and drug treatment and recovery services designed for individuals
seeking assistance for polydrug abuse.
(4) Adequate nonresidential and residential services are available
statewide for juveniles in need of alcohol or drug abuse services.
(5) Each provider of alcohol or drug services has been certified
by the state.
(6) Drug and alcohol abuse treatment providers provide general
AIDS information during treatment.
(i) With regard to supply regulation and reduction in conjunction
with drug and alcohol abuse, the following goals:
(1) The California National Guard supports federal, state, and
local drug enforcement agencies in counternarcotic operations as
permitted by applicable laws and regulations.
(2) Each county has a drug and alcohol abuse enforcement team,
designated by the board of supervisors. This team includes all
components of the criminal justice system. This team shall be
responsible to the board of supervisors, shall coordinate with the
drug and alcohol abuse advisory board and the county on all criminal
justice matters relating to drug and alcohol abuse, and shall
coordinate, and actively participate, with the county alcohol and
drug program administrators throughout the development and
implementation of the five-year master plan.
(3) The Office of Emergency Services, the Youth and Adult
Correctional Agency, the Department of the California Highway Patrol,
the Office of Traffic Safety, and the Department of Justice have
established a state level drug and alcohol abuse enforcement team
that includes representatives from all facets of criminal justice.
The lead agency for the enforcement team has been designated by the
Governor. This team advises the state and assists the local teams.
(4) The Office of Emergency Services, the Youth and Adult
Correctional Agency, and the Department of Justice have, as a
priority when determining training subjects, prevention seminars on
drug and alcohol abuse. The Commission on Peace Officer Standards and
Training has, as a priority, when determining training subjects,
drug and alcohol enforcement.
(5) The Department of the California Highway Patrol, as permitted
by the United States Constitution, will, in conjunction with
establishing sobriety checkpoints statewide, assist local law
enforcement agencies with the establishment of local programs.
(6) Counties with more than 10 superior court judgeships have
established programs under which drug cases receive swift prosecution
by well-trained prosecutors before judges who are experienced in the
handling of drug cases.
(7) The courts, when determining bail eligibility and the amount
of bail for persons suspected of a crime involving a controlled
substance, shall consider the quantity of the substance involved when
measuring the danger to society if the suspect is released.
(8) Drunk driving jails have been established that provide
offender education and treatment during incarceration.
(9) All probation and parole officers have received drug and
alcohol abuse training, including particular training on drug
recognition.
(10) All parolees and persons on probation with a criminal history
that involves drug or alcohol abuse have conditions of parole or
probation that prohibit drug and alcohol abuse.
(11) The Judicial Council has provided training on drug and
alcohol abuse for the judges.
(12) The courts, when sentencing offenders convicted of selling
drugs, consider "street value" of the drugs involved in the
underlying crime.
(13) Judges have been encouraged to include drug and alcohol abuse
treatment and prevention services in sentences for all offenders.
Judges are requiring, as a condition of sentencing, drug and alcohol
abuse education and treatment services for all persons convicted of
driving under the influence of alcohol or drugs.
(14) Juvenile halls and jails provide clients with information on
drug and alcohol abuse.
(15) The estimated number of clandestine labs operating in
California has decreased by 10 percent per year.
(16) Each local law enforcement agency has developed, with the
schools, protocol on responding to school drug and alcohol abuse
problems.
(17) Every county has instituted a mandatory
driving-under-the-influence presentence offender evaluation program.
SEC. 384. SEC. 341. Section 13071 of
the Health and Safety Code is amended to read:
13071. The Office of Emergency Services shall establish and
administer a program, which shall be denominated the FIRESCOPE
Program (FIrefighting RESources of California Organized for Potential
Emergencies), to maintain and enhance the efficiency and
effectiveness of managing multiagency firefighting resources in
responding to an incident. The program shall be based on the concepts
and components developed or under development by the Firescope
project chartered by the United States Congress in 1972. The program
shall provide for the research, development, and implementation of
technologies, facilities, and procedures to assist state and local
fire agencies in the better utilization and coordination of
firefighting resources in responding to incidents.
SEC. 385. SEC. 342. Section 13073 of
the Health and Safety Code is amended to read:
13073. The Office of Emergency Services shall carry out this
chapter in cooperation with the Department of Forestry and Fire
Protection, including the Office of the State Fire Marshal, and with
the advice of the Fire and Rescue Service Advisory
Committee/FIRESCOPE Board of Directors within the Office of Emergency
Services.
SEC. 386. SEC. 343. Section 13140.5
of the Health and Safety Code is amended to read:
13140.5. The board shall be composed of the following voting
members: the State Fire Marshal, the Chief Deputy Director of the
Department of Forestry and Fire Protection who is not the State Fire
Marshal, the Director of Emergency Services, the Chairperson of the
California Fire Fighter Joint Apprenticeship Program, one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government.
The following members shall be appointed by the Governor: one
representative of the insurance industry, one volunteer firefighter,
three fire chiefs, five fire service labor representatives, one
representative from city government, one representative from a fire
district, and one representative from county government. Each member
appointed shall be a resident of this state. The volunteer
firefighter shall be selected from a list of names submitted by the
California State Firefighters Association. One fire chief shall be
selected from a list of names submitted by the California Fire Chiefs'
Association; one fire chief shall be selected from a list of names
submitted by the Fire Districts Association of California; and one
fire chief shall be selected from a list of names submitted by the
California Metropolitan Fire Chiefs. One fire service labor
representative shall be selected from a list of names submitted by
the California Labor Federation; one fire service labor
representative shall be selected from a list of names submitted by
the California Professional Firefighters; one fire service labor
representative shall be selected from a list of names submitted by
the International Association of Fire Fighters; one fire service
labor representative shall be selected from a list of names submitted
by the California Department of Forestry Firefighters; and one fire
service labor representative shall be selected from a list of names
submitted by the California State Firefighters Association. The city
government representative shall be selected from elected or appointed
city chief administrative officers or elected city mayors or council
members. The fire district representative shall be selected from
elected or appointed directors of fire districts. The county
government representative shall be selected from elected or appointed
county chief administrative officers or elected county supervisors.
The appointed members shall be appointed for a term of four years.
Any member chosen by the Governor to fill a vacancy created other
than by expiration of a term shall be appointed for the unexpired
term of the member he or she is to succeed.
SEC. 387. SEC. 344. Section 13143.9
of the Health and Safety Code is amended to read:
13143.9. (a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the Office
of Emergency Services in establishing these requirements. This
section does not prohibit a city, county, or district from adopting
an ordinance, resolution, or regulation imposing stricter or more
stringent requirements than a standard adopted pursuant to this
section.
(b) A business which files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to Section 25503.9, shall be
deemed to have met the requirements of subdivision (c) of Section
80.103 of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business which is not required to file a hazardous materials
inventory form pursuant to Section 25509 but which is required by
the local fire chief to comply with subdivision (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to this section, shall, notwithstanding Chapter 6.95
(commencing with Section 25500) of Division 20, file the inventory
form adopted pursuant to Section 25503.3 and the addendum adopted
pursuant to Section 25503.9 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by
the fire chief.
SEC. 388. SEC. 345. Section 18603 of
the Health and Safety Code is amended to read:
18603. (a) In every park there shall be a person available by
telephonic or like means, including telephones, cellular phones,
telephone answering machines, answering services or pagers, or in
person who shall be responsible for, and who shall reasonably respond
in a timely manner to emergencies concerning, the operation and
maintenance of the park. In every park with 50 or more units, that
person or his or her designee shall reside in the park, have
knowledge of emergency procedures relative to utility systems and
common facilities under the ownership and control of the owner of the
park, and shall be familiar with the emergency preparedness plans
for the park.
(b) (1) On or before September 1, 2010, an owner or operator of an
existing park shall adopt an emergency preparedness plan.
(2) For a park constructed after September 1, 2010, an owner or
operator of a park shall adopt a plan in accordance with this section
prior to the issuance of the permit to operate.
(3) An owner or operator may comply with paragraph (1) by either
of the following methods:
(A) Adopting the emergency procedures and plans approved by the
Standardized Emergency Management System Advisory Board on November
21, 1997, entitled "Emergency Plans for Mobilehome Parks," and
compiled by the Office of Emergency Services in compliance with the
Governor's Executive Order W-156-97, or any subsequent version.
(B) Adopting a plan that is developed by the park management and
is comparable to the procedures and plans specified in subparagraph
(A).
(c) For an existing park, and in the case of a park constructed
after September 10, 2010, prior to the issuance of the permit to
operate, an owner or operator of a park shall do both of the
following:
(1) Post notice of the emergency preparedness plan in the park
clubhouse or in another conspicuous area within the mobilehome park.
(2) On or before September 10, 2010, provide notice of how to
access the plan and information on individual emergency preparedness
information from the appropriate state or local agencies, including,
but not limited to, the Office of Emergency Services, to all existing
residents and, upon approval of tenancy, for all new residents
thereafter. This may be accomplished in a manner that includes, but
is not limited to, distribution of materials and posting notice of
the plan or information on how to access the plan via the Internet.
(d) An enforcement agency shall determine whether park management
is in compliance with this section. The agency may ascertain
compliance by receipt of a copy of the plan during site inspections
conducted in response to complaints of alleged violations, or for any
other reason.
(e) Notwithstanding any other provision of this part, a violation
of this section shall constitute an unreasonable risk to life,
health, or safety and shall be corrected by park management within 60
days of notice of the violation.
SEC. 389. SEC. 346. Section 18901 of
the Health and Safety Code is amended to read:
18901. (a) This part shall be known and may be cited as the
California Building Standards Law.
(b) The California Building Standards Commission shall continue
within the Department of General Services.
SEC. 390. SEC. 347. Section 18917.5
of the Health and Safety Code is amended to read:
18917.5. "Secretary" means the Secretary of Government
Operations.
SEC. 391. SEC. 348. Section 18920 of
the Health and Safety Code is amended to read:
18920. There is continued in existence in the Government
Operations Agency a California Building Standards Commission
consisting of the Secretary of Government Operations and 10 members
appointed by the Governor subject to confirmation by the Senate.
SEC. 392. SEC. 349. Section 18922 of
the Health and Safety Code is amended to read:
18922. The Secretary of Government Operations or the secretary's
representative shall serve as the chair of the commission. The
commission shall elect a vice chair annually from among its members.
SEC. 393. SEC. 350. Section 25169.7
of the Health and Safety Code is amended to read:
25169.7. Except as specified otherwise in subdivision (b), on and
after July 1, 2003, all of the following requirements, including any
regulations adopted by the department pursuant to Section 25169.8,
shall apply to any person handling any hazardous waste of concern:
(a) (1) If a hazardous waste transporter or the owner or operator
of a hazardous waste facility discovers that a hazardous waste of
concern is missing during transportation or storage, and the amount
of waste missing equals or exceeds the reportable quantity specified
in the regulations adopted pursuant
to Section 25169.6, the hazardous waste transporter or the
owner or operator shall immediately, as specified in the regulations
adopted by the department, provide a verbal notification to the
department and report the discrepancy to the department in writing by
letter within five days after the discovery. The transporter or the
owner or operator shall also comply with the applicable manifest
discrepancy reporting requirements specified in the regulations
adopted by the department pursuant to this chapter.
(2) Within 24 hours after receiving a notification of a missing
hazardous waste of concern pursuant to paragraph (1), the department
shall make a preliminary determination whether there is a potential
risk to public safety. If, after making that preliminary
determination, or at any time thereafter, the department determines
the missing hazardous waste of concern presents a significant
potential risk to public safety from its use in a terrorist or other
criminal act, the department shall notify the Office of Emergency
Services and the Department of the California Highway Patrol.
(3) The Department of the California Highway Patrol may enter and
inspect any hazardous waste facility at the department's request to
perform an investigation of any hazardous waste that the department
determines may be missing.
(b) (1) Notwithstanding Section 25200.4, any person applying for a
hazardous waste facilities permit or other grant of authorization to
use and operate a hazardous waste facility that would handle
hazardous waste of concern shall submit to the department a
disclosure statement containing the information specified in Section
25112.5.
(2) On or before January 1, 2004, and at any time upon the request
of the department, any person owning or operating a hazardous waste
facility that handles any hazardous waste of concern shall submit to
the department a disclosure statement containing the information
specified in Section 25112.5.
(3) (A) Except as provided in subparagraph (B), on and after
January 1, 2004, any person applying for registration as a hazardous
waste transporter who will transport hazardous waste of concern shall
submit to the department a disclosure statement containing the
information specified in Section 25112.5.
(B) Subparagraph (A) does not apply to a transporter who has
submitted a disclosure statement to the department within the
two-year period immediately preceding the application for
registration, unless there has been a change in the information
required to be contained in the disclosure statement or the
department requests the transporter to submit a disclosure statement.
(4) At any time upon the request of the department, any registered
hazardous waste transporter who transports any hazardous waste of
concern shall submit to the department a disclosure statement
containing the information specified in Section 25112.5.
(5) Whenever any change pertaining to the information required to
be contained in a disclosure statement filed pursuant to paragraphs
(1) to (4), inclusive, occurs after the date of the filing of the
disclosure statement, the transporter or the facility owner or
operator shall provide the updated information in writing to the
department within 30 days of the change.
(6) On or before 180 days after receiving a disclosure statement
pursuant to this subdivision, the department shall conduct a
background check, as defined in subdivision (a) of Section 25169.5.
(7) This subdivision does not apply to any federal, state, or
local agency or any person operating pursuant to a permit-by-rule,
conditional authorization, or conditional exemption.
SEC. 394. SEC. 351. Section 25197.2
of the Health and Safety Code is amended to read:
25197.2. (a) The department shall establish a statewide Hazardous
Waste Strike Force which shall consist of a representative from each
of the following agencies:
(1) The Department of Transportation.
(2) The Department of Industrial Relations.
(3) The Department of Food and Agriculture.
(4) The State Water Resources Control Board.
(5) The State Air Resources Board.
(6) The Department of the California Highway Patrol.
(7) The Office of the State Fire Marshal in the Department of
Forestry and Fire Protection.
(8) The California Integrated Waste Management Board.
(9) The Department of Fish and Game.
(10) The Office of Emergency Services.
(11) The Department of Toxic Substances Control.
(12) The Attorney General.
(13) The Department of Pesticide Regulation.
(b) The director, or the director's designee, shall direct and
coordinate the activities of the Hazardous Waste Strike Force.
(c) The Hazardous Waste Strike Force shall do all of the
following:
(1) Recommend standardized programs among the agencies represented
on the Hazardous Waste Strike Force for the purposes of uniformly
enforcing state hazardous waste statutes and regulations and
reporting violators of these statutes and regulations.
(2) Recommend programs to publicize and improve the statewide
telephone number established pursuant to paragraph (5) of subdivision
(b) of Section 25197.1.
(3) Recommend local and regional programs to report information
concerning violations of this chapter and any other hazardous waste
statutes and regulations.
SEC. 395. SEC. 352. Section 25210.6
of the Health and Safety Code is amended to read:
25210.6. (a) On or before December 31, 2005, the department shall
adopt regulations specifying the best management practices for a
person managing perchlorate materials. These practices may include,
but are not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.
(b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the Office of Emergency
Services, the State Fire Marshal, and the California certified
unified program agencies forum before adopting regulations pursuant
to subdivision (a).
(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the California Fire Code governing the management of perchlorate
materials.
(c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
SEC. 396. SEC. 353. Section 25270.8
of the Health and Safety Code is amended to read:
25270.8. Each owner or operator of a tank facility shall
immediately, upon discovery, notify the Office of Emergency Services
and the UPA using the appropriate 24-hour emergency number or the 911
number, as established by the UPA, or by the governing body of the
UPA, of the occurrence of a spill or other release of one barrel (42
gallons) or more of petroleum that is required to be reported
pursuant to subdivision (a) of Section 13272 of the Water Code.
SEC. 397. SEC. 354. Section 25299.1
of the Health and Safety Code is amended to read:
25299.1. (a) Any city or county which prior to January 1, 1984,
adopted an ordinance which, at a minimum, met the requirements set
forth in Sections 25284 and 25284.1, as they read on January 1, 1984,
prior to being amended and renumbered, providing for double
containment, and monitoring of underground storage tanks which was
exempt from this chapter as of December 31, 1989, is not exempt from
implementing this chapter and shall implement this chapter on or
before January 1, 1991.
(b) Until a city or county specified in subdivision (a) implements
this chapter, the city or the county shall, at a minimum, do all of
the following:
(1) Submit to the board the application form and annual
information specified by Section 25286 and submit a written report of
any unauthorized release from an underground storage tank to the
Office of Emergency Services within 10 working days from the time the
local agency is notified of the unauthorized release.
(2) Collect and transmit to the board the surcharge specified in
subdivision (b) of Section 25287.
(3) Issue permits for the operation of an underground storage
tank, which, at a minimum, ensure compliance with any applicable
requirement of the federal act and any applicable regulation adopted
by the board pursuant to Section 25299.3 which the board determines
is necessary to ensure consistency with the federal act.
(c) A permit issued on or after January 1, 1991, by a city or
county specified in subdivision (a) shall require compliance with all
applicable requirements of this chapter and with the regulations
adopted by the board pursuant to Section 25299.3.
(d) This chapter does not limit or abridge the authority of any
city or county to adopt an ordinance requiring information,
conducting investigations, inspections, or implementing and enforcing
this chapter.
SEC. 398. SEC. 355. Section 25359.4
of the Health and Safety Code is amended to read:
25359.4. (a) A person shall not release, or allow or cause a
release of, a reportable quantity of a hazardous substance into the
environment that is not authorized or permitted pursuant to state
law.
(b) Any release of a reportable quantity of hazardous substance
shall be reported to the department in writing within 30 days of
discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the Office of
Emergency Services pursuant to Section 11002 or 11004 of Title 42 of
the United States Code, or pursuant to Section 25507.
(4) The release has previously been reported to the department or
the Office of Emergency Services.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this section, "reportable quantity" means
either of the following:
(1) The quantity of a hazardous substance established in Part 302
(commencing with Section 302.1) of Title 40 of the Code of Federal
Regulations, the release of which requires notification pursuant to
that part.
(2) Any quantity of a hazardous substance that is not reportable
pursuant to paragraph (1), but that may pose a significant threat to
public health and safety or to the environment. The department may
establish guidelines for determining which releases are reportable
under this paragraph.
(d) The owner of property on which a reportable release has
occurred and any person who releases, or causes a reportable release
and who fails to make the written report required by subdivision (b),
shall be liable for a penalty not to exceed twenty-five thousand
dollars ($25,000) for each separate violation and for each day that a
violation continues. Each day on which the released hazardous
substance remains is a separate violation unless the person has
either filed the report or is in compliance with an order issued by a
local, state, or federal agency with regard to the release.
(e) Liability under this section may be imposed in a civil action
or may be administratively imposed by the department pursuant to
Section 25359.3.
(f) If the violation of subdivision (b) results in, or
significantly contributes to, an emergency, including, but not
limited to, a fire, to which a county, city, or district is required
to respond, the responsible party may be assessed the full cost of
the emergency response by the city, county, or district.
SEC. 399. SEC. 356. Section 25404.3
of the Health and Safety Code is amended to read:
25404.3. (a) The secretary shall, within a reasonable time after
submission of a complete application for certification pursuant to
Section 25404.2, and regulations adopted pursuant to that section,
but not to exceed 180 days, review the application, and, after
holding a public hearing, determine if the application should be
approved. Before disapproving an application for certification, the
secretary shall submit to the applicant agency a notification of the
secretary's intent to disapprove the application, in which the
secretary shall specify the reasons why the applicant agency does not
have the capability or the resources to fully implement and enforce
the unified program in a manner that is consistent with the
regulations implementing the unified program adopted by the secretary
pursuant to this chapter. The secretary shall provide the applicant
agency with a reasonable time to respond to the reasons specified in
the notification and to correct deficiencies in its application. The
applicant agency may request a second public hearing, at which the
secretary shall hear the applicant agency's response to the reasons
specified in the notification.
(b) In determining whether an applicant agency should be
certified, or designated as certified, the secretary, after receiving
comments from the director, the Director of Emergency Services, the
State Fire Marshal, and the Executive Officers and Chairpersons of
the State Water Resources Control Board and the California regional
water quality control boards, shall consider at least all of the
following factors:
(1) Adequacy of the technical expertise possessed by each unified
program agency that will be implementing each element of the unified
program, including, but not limited to, whether the agency
responsible for implementing and enforcing the requirements of
Chapter 6.5 (commencing with Section 25100) satisfies the
requirements of Section 15260 of Title 27 of the California Code of
Regulations.
(2) Adequacy of staff resources.
(3) Adequacy of budget resources and funding mechanisms.
(4) Training requirements.
(5) Past performance in implementing and enforcing requirements
related to the handling of hazardous materials and hazardous waste.
(6) Recordkeeping and cost accounting systems.
(7) Compliance with the criteria in Section 15170 of Title 27 of
the California Code of Regulations.
(c) (1) In making the determination of whether or not to certify a
particular applicant agency as a certified unified program agency,
the secretary shall consider the applications of every other
applicant agency applying to be a certified unified program agency
within the same county, in order to determine the impact of each
certification decision on the county. If the secretary identifies
that there may be adverse impacts on the county if any particular
agency in a county is certified, the secretary shall work
cooperatively with each affected agency to address the secretary's
concerns.
(2) The secretary shall not certify an agency to be a certified
unified program agency unless the secretary finds both of the
following:
(A) The unified program will be implemented in a coordinated and
consistent manner throughout the entire county in which the applicant
agency is located.
(B) The administration of the unified program throughout the
entire county in which the applicant agency is located will be less
fragmented between jurisdictions, as compared to before January 1,
1994, with regard to the administration of the provisions specified
in subdivision (c) of Section 25404.
(d) (1) The secretary shall not certify an applicant agency that
proposes to allow participating agencies to implement certain
elements of the unified program unless the secretary makes all of the
following findings:
(A) The applicant agency has adequate authority, and has in place
adequate systems, protocols, and agreements, to ensure that the
actions of the other agencies proposed to implement certain elements
of the unified program are fully coordinated and consistent with each
other and with those of the applicant agency, and to ensure full
compliance with the regulations implementing the unified program
adopted by the secretary pursuant to this chapter.
(B) An agreement between the applicant and other agencies proposed
to implement any elements of the unified program contains procedures
for removing any agencies proposed and engaged to implement any
element of the unified program. The procedures in the agreement shall
include, at a minimum, provisions for providing notice, stating
causes, taking public comment, making appeals, and resolving
disputes.
(C) The other agencies proposed to implement certain elements of
the unified program have the capability and resources to implement
those elements, taking into account the factors designated in
subdivision (b).
(D) All other agencies proposed to implement certain elements of
the unified program shall maintain an agreement with the applicant
agency that ensures that the requirements of Section 25404.2 will be
fully implemented.
(E) If the applicant agency proposes that any agency other than
itself will be responsible for implementing aspects of the single fee
system imposed pursuant to Section 25404.5, the applicant agency
maintains an agreement with that agency that ensures that the fee
system is implemented in a fully consistent and coordinated manner,
and that ensures that each participating agency receives the amount
that it determines to constitute its necessary and reasonable costs
of implementing the element or elements of the unified program that
it is responsible for implementing.
(2) After the secretary has certified an applicant agency pursuant
to this subdivision, that agency shall obtain the approval of the
secretary before removing and replacing a participating agency that
is implementing an element of the unified program.
(3) Any state agency, including, but not limited to, the State
Department of Health Care Services, acting as a
participating agency, may contract with a unified program agency to
implement or enforce the unified program.
(e) Until a city's or county's application for certification to
implement the unified program is acted upon by the secretary, the
roles, responsibilities, and authority for implementing the programs
identified in subdivision (c) of Section 25404 that existed in that
city or county pursuant to statutory authorization as of December 31,
1993, shall remain in effect.
(f) (1) Except as provided in subparagraph (C) of paragraph (2) or
in Section 25404.8, if no local agency has been certified by January
1, 1997, to implement the unified program within a city, the
secretary shall designate either the county in which the city is
located or another agency pursuant to subparagraph (A) of paragraph
(2) as the unified program agency.
(2) (A) Except as provided in subparagraph (C), if no local agency
has been certified by January 1, 2001, to implement the unified
program within the unincorporated or an incorporated area of a
county, the secretary shall determine how the unified program shall
be implemented in the unincorporated area of the county, and in any
city in which there is no agency certified to implement the unified
program. In such an instance, the secretary shall work in
consultation with the county and cities to determine which state or
local agency or combination of state and local agencies should
implement the unified program, and shall determine which state or
local agency shall be designated as the certified unified program
agency.
(B) The secretary shall determine the method by which the unified
program shall be implemented throughout the county and may select any
combination of the following implementation methods:
(i) The certification of a state or local agency as a certified
unified program agency.
(ii) The certification of an agency from another county as the
certified unified program agency.
(iii) The certification of a joint powers agency as the certified
unified program agency.
(C) Notwithstanding paragraph (1) and subparagraphs (A) and (B),
if the Cities of Sunnyvale, Anaheim, and Santa Ana prevail in
litigation filed in 1997 against the secretary, and, to the extent
the secretary determines that these three cities meet the
requirements for certification, the secretary may certify these
cities as certified unified program agencies.
(g) (1) If a certified unified program agency wishes to withdraw
from its obligations to implement the unified program and is a city
or a joint powers agency implementing the unified program within a
city, the agency may withdraw after providing 180 days' notice to the
secretary and to the county within which the city is located, or to
the joint powers agency with which the county has an agreement to
implement the unified program.
(2) Whenever a certified unified program agency withdraws from its
obligations to implement the unified program, or the secretary
withdraws an agency's certification pursuant to Section 25404.4, the
successor certified unified program agency shall be determined in
accordance with subdivision (f).
SEC. 400. SEC. 357. Section 25501 of
the Health and Safety Code is amended to read:
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this chapter:
(a) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this chapter.
(b) "Agency" or "office" means the Office of Emergency Services.
(c) "Agricultural handler" means an entity identified in paragraph
(5) of subdivision (c) of Section 25503.5.
(d) "Area plan" means a plan established pursuant to Section 25503
by an administering agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(e) "Business" means an employer, self-employed individual, trust,
firm, joint stock company, corporation, partnership, or association.
For purposes of this chapter, "business" includes a business
organized for profit and a nonprofit business.
(f) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25504.
(g) "Certification statement" means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:
(1) The information contained in the annual inventory form most
recently submitted to the administering agency is complete, accurate,
and up to date.
(2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual inventory
form.
(3) No hazardous materials subject to the inventory requirements
of this chapter are being handled that are not listed on the most
recently submitted annual inventory form.
(4) The most recently submitted annual inventory form contains the
information required by Section 11022 of Title 42 of the United
States Code.
(h) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with the provisions of Sections 25404.1 and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this
chapter, the UPAs have the responsibility and authority, to the
extent provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce only those requirements of this chapter listed
in paragraphs (4) and (5) of subdivision (c) of Section 25404. The
UPAs also have the responsibility and authority, to the extent
provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce the regulations adopted to implement the
requirements of this chapter listed in paragraphs (4) and (5) of
subdivision (c) of Section 25404. After a CUPA has been certified by
the secretary, the unified program agencies shall be the only local
agencies authorized to enforce the requirements of this chapter
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404
within the jurisdiction of the CUPA.
(i) "City" includes any city and county.
(j) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(k) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(l) "Department" means the Department of Toxic Substances Control
and "director" means the Director of Toxic Substances Control.
(m) "Emergency rescue personnel" means any public
employee, including, but not limited to, any fireman, firefighter, or
emergency rescue personnel, as defined in Section 245.1 of the Penal
Code, or personnel of a local EMS agency, as designated pursuant to
Section 1797.200, or a poison control center, as defined by Section
1797.97, who responds to any condition caused, in whole or in part,
by a hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment.
(n) "Handle" means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in
any fashion.
(o) "Handler" means any business that handles a hazardous
material.
(p) "Hazardous material" means any material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the administering agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(q) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with Section
6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any
applicable federal law or regulation.
(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.
(4) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
(r) "Hazardous waste" means hazardous waste, as defined by
Sections 25115, 25117, and 25316.
(s) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
(t) "Secretary" means the Secretary for Environmental Protection.
(u) "SIC Code" means the identification number assigned by the
Standard Industrial Classification Code to specific types of
businesses.
(v) "Threatened release" means a condition creating a substantial
probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate damages to persons, property, or the
environment.
(w) "Trade secret" means trade secrets as defined in subdivision
(d) of Section 6254.7 of the Government Code and Section 1060 of the
Evidence Code.
(x) "Unified Program Facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.
SEC. 401. SEC. 358. Section 25502 of
the Health and Safety Code is amended to read:
25502. (a) (1) This chapter, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:
(A) If there is a CUPA, the Unified Program Agency.
(B) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(2) The agency responsible for implementing this chapter shall
ensure full access to, and the availability of, information submitted
under this chapter to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.
(b) (1) If there is no CUPA, a city may, by ordinance or
resolution, assume responsibility for the implementation of this
chapter and, if so, shall have exclusive jurisdiction within the
boundary of the city for the purposes of carrying out this chapter.
The ordinance shall require that a person who violates Section 25507
shall be subject to the penalties specified in Section 25515. A city
that assumes responsibility for implementation of this chapter shall
provide notice of its ordinance or resolution to the office and to
the administering agency of its county. It shall also consult with,
and coordinate its activities with, the county in which the city is
located to avoid duplicating efforts or any misunderstandings
regarding the areas, duties, and responsibilities of each
administering agency.
(2) A city may not assume responsibility for the implementation of
this chapter unless it has enacted an implementing ordinance or
adopted an implementing resolution not later than 60 days after the
office adopts regulations pursuant to Section 25503, except that a
city may enact an implementing ordinance or adopt an implementing
resolution after this 60-day period, if it has an agreement with the
county to do so. A new city has one year from the date of
incorporation to enact an ordinance or adopt a resolution
implementing this chapter.
(3) The local agency responsible for administering and enforcing
this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If there is no CUPA, the county and any city that assume
responsibility pursuant to subdivision (b) shall designate a
department, office, or other agency of the county or city, as the
case may be, or the city or county may designate a fire district, as
the administering agency responsible for administering and enforcing
this chapter. The county and any city that assume responsibility
pursuant to subdivision (b) shall notify the office immediately upon
making a designation. The local agency responsible for administering
and enforcing this chapter shall be the agency so authorized pursuant
to subdivision (f) of Section 25404.3.
SEC. 402. SEC. 359. Section 25503 of
the Health and Safety Code is amended to read:
25503. (a) Not later than September 1, 1986, the office shall
adopt, after public hearing and consultation with the Office of the
State Fire Marshal and other appropriate public entities, regulations
for minimum standards for business plans and area plans. All
business plans and area plans shall meet the standards adopted by the
agency.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for subdivisions (b)
and (c) of Section 25504.
(3) Take into account the existence of local area and business
plans which meet the requirements of this chapter so as to minimize
the duplication of local efforts, consistent with the objectives of
this chapter.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25507. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25507.
(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within its jurisdiction. An area plan is not a statute,
ordinance, or regulation for purposes of Section 669 of the Evidence
Code. The standards for area plans in the regulations adopted
pursuant to subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25507.
(d) (1) The administering agency shall submit a copy of its
proposed area plan, within 180 days after adoption of regulations by
the office establishing area plan standards, to the office for
review. The office shall notify the administering agency as to
whether the area plan is adequate and meets the area plan standards.
The administering agency shall within 45 days of this notice submit a
corrected area plan.
(2) The administering agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. Any time an administering
agency makes any substantial changes to its area plan, it shall
forward the changes to the office within 14 days after the changes
have been made.
(e) An administering agency shall submit to the office, along with
its area plan, both of the following:
(1) The basic provisions of a plan to conduct onsite inspections
of businesses subject to this chapter by either the administering
agency or other designated entity. These inspections shall ensure
compliance with this chapter and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided a public
entity pursuant to Section 818.6 of the Government Code.
(2) A plan to institute a data management system which will assist
in the efficient access to and utilization of information collected
under this chapter. This data management system shall be in operation
within two years after the business plans are required to be
submitted to the administering agency pursuant to Section 25505.
(f) The regulations adopted by the office pursuant to subdivision
(a) shall include an optional model reporting form for business and
area plans.
SEC. 403. SEC. 360. Section 25503.1
of the Health and Safety Code is amended to read:
25503.1. The office and each administering agency shall adopt
reporting requirements, in cooperation with the Chemical Emergency
Planning and Response Commission, established by the Governor as the
state emergency response commission pursuant to subsection (a) of
Section 11001 of Title 42 of the United States Code, which are
consistent with the intent and provisions of this chapter and with
Chapter 116 (commencing with Section 11001) of Title 42 of the United
States Code, for the purpose of eliminating duplicative reporting
requirements, to the extent achievable and practicable.
SEC. 404. SEC. 361. Section 25503.3
of the Health and Safety Code is amended to read:
25503.3. (a) The office shall, in consultation with the
administering agencies, in accordance with Section 25503.1, adopt by
regulation a single comprehensive hazardous material reporting form
for businesses to submit to administering agencies for purposes of
Section 25509. The form shall include a section for additional
information that may be requested by the administering agency. The
regulations shall also specify criteria for sharing data
electronically. Except as provided in subdivisions (b) and (c), after
January 1, 1997, each administering agency shall require businesses
to use this form annually when complying with Section 25509.
(b) (1) Except as provided in paragraph (2), an administering
agency may allow a business to submit a form designated by the
administering agency for purposes of the inventory required by
Section 25509 instead of the single comprehensive hazardous material
reporting form adopted pursuant to subdivision (a). Any form
designated by an administering agency pursuant to this paragraph
shall ensure that all of the information required by Section 25509 is
reported. The form shall be developed in consultation with the other
agencies within the jurisdiction that are responsible for fire
protection, emergency response, and environmental health. If the
administering agency permits inventory information to be submitted by
electronic means, the format and mode of submittal shall be
developed in consultation with those other agencies and, following
the adoption of standards for the sharing of electronic data pursuant
to subdivision (e) of Section 25404, shall be consistent with those
standards.
(2) If a business chooses to submit the single comprehensive
hazardous material reporting form adopted pursuant to subdivision
(a), the administering agency shall accept that form.
(c) Notwithstanding Section 25509, a business may comply with the
annual inventory reporting requirements of this article by submitting
a certification statement to the administering agency if both of the
following apply:
(1) The business has previously filed the single comprehensive
hazardous material reporting form required by subdivision (a) or the
alternative form designated by the administering agency pursuant to
subdivision (b).
(2) The business can attest to the statements set forth in
paragraphs (1) to (4), inclusive, of subdivision (f) of Section
25501.
SEC. 405. SEC. 362. Section 25503.4
of the Health and Safety Code is amended to read:
25503.4. (a) The agency shall adopt a format that allows persons
subject to two or more of the following requirements to meet those
requirements in one document:
(1) The business plan required by this chapter.
(2) The risk management plan required by Section 25534.
(3) The contingency plan required by Division 4.5 (commencing with
Section 66001) of Title 22 of the California Code of Regulations and
by Part 262 (commencing with Section 262.10), Part 264 (commencing
with Section 264.1), or Part 265 (commencing with Section 265.1) of
Title 40 of the Code of Federal Regulations.
(4) The spill prevention control and countermeasure plan required
by Section 25270.4.5 and by Part 112 (commencing with Section 112.1)
or by Part 300 (commencing with Section 300.1) of Title 40 of the
Code of Federal Regulations.
(5) Any accident or spill prevention plan or response plan
required by Chapter 6.7 (commencing with Section 25280) or by
regulations adopted pursuant to that chapter or required by an
underground storage tank ordinance adopted by a city or county.
(6) The interim marine facility oil spill contingency plan
required by Section 8670.29 of the Government Code and the marine
facility oil spill contingency plan required by Section 8670.31 of
the Government Code.
(b) The format required by subdivision (a) shall be organized as
follows:
(1) A central element that will enable persons using the format to
report information and data common to all of the requirements
described in subdivision (a).
(2) Appendices that will contain the additional information unique
to each individual requirement described in subdivision (a).
(c) The office shall adopt the format required by subdivision (a)
in consultation with administering agencies and the Information
Management Subcommittee of the Chemical Emergency Planning and
Response Commission and in cooperation with the State Water Resources
Control Board, the Department of Fish and Game, and the department.
The adoption of the format is not subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code and shall be completed by January 1, 1995. To the
extent feasible, and within the limits of budgetary constraints, the
office, the State Water Resources Control Board, the Department of
Fish and Game, and the department shall convene workshops and other
public meetings to obtain public assistance on the development of the
format.
SEC. 406. SEC. 363. Section 25503.5
of the Health and Safety Code is amended to read:
25503.5. (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
(A) Except as provided in subparagraphs (C), (D), or (F), equal
to, or greater than, a total weight of 500 pounds or a total volume
of 55 gallons.
(B) Except as provided in subparagraphs (E) or (F), equal to, or
greater than, 200 cubic feet at standard temperature and pressure, if
the substance is compressed gas.
(C) The threshold planning quantity, under both of the following
conditions:
(i) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(ii) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(D) A total weight of 5,000 pounds, if the hazardous material is a
solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or sensitizer, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
(E) (i) A total of 1,000 cubic feet, if the hazardous material is
a gas at standard temperature and pressure and is classified as a
hazard for the purposes of Section 5194 of Title 8 of the California
Code of Regulations solely as a compressed gas, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
(ii) The hazardous materials subject to this subparagraph include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
(iii) The hazardous materials subject to this subparagraph do not
include gases in a cryogenic state.
(F) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with Section
70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations,
or pursuant to any regulations adopted by the state in accordance
with those regulations.
(2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4.
(3) The administering agency shall make the findings required by
subparagraphs (D) and (E) of paragraph (1) in consultation with the
local fire chief.
(b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or
place of business in quantities of not more than 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the office in processing the
inventory forms.
(2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(3) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25505 and
25509 if the aggregate capacity is less than 1,320 gallons.
(c) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this article unless the
administering agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business plan,
or any portion thereof, in response to public health, safety, or
environmental concerns.
(2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this article any hazardous substance specified in subdivision (q) of
Section 25501 if the administering agency finds that the hazardous
substance would not pose a present or potential danger to the
environment or to human health and safety if the hazardous substance
was released into the environment. The administering agency shall
specify in writing the basis for granting any exemption under this
paragraph. The administering agency shall send a notice to the office
within five days from the effective date of any exemption granted
pursuant to this paragraph.
(3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
(4) The administering agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
administering agency shall specify in writing the basis for any
exemption under this paragraph.
(5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
(A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
(B) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:
(i) Pesticides.
(ii) Petroleum fuels and oil.
(iii) Types of fertilizers.
(C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
(6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
(A) The types and quantities of materials onsite are limited to
one or more of the following:
(i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(ii) Five hundred gallons of combustible liquid used as a fuel
source.
(iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
(iv) Five hundred gallons of lubricating and hydraulic fluids.
(v) One thousand two hundred gallons of flammable gas used as a
fuel source.
(vi) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if a spill prevention control and countermeasure
plan has been prepared for quantities in excess of 1,320 gallons.
(B) The facility is secured and not accessible to the public.
(C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
(E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(G)
The administering agency may require an unstaffed remote facility to
submit a hazardous materials business plan and inventory in
accordance with this article if the office finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.
(d) On-premise use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from this section, unless the administering
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion thereof, in response to
public health, safety, or environmental concerns.
(e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
(f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
SEC. 407. SEC. 364. Section 25503.9
of the Health and Safety Code is amended to read:
25503.9. On or before January 1, 1995, the office shall, in
consultation with the administering agencies and the State Fire
Marshal, adopt by regulation a single comprehensive addendum to the
hazardous materials reporting form for businesses to submit to
administering agencies for purposes of complying with subdivisions
(b) and (c) of Section 13143.9 and subdivision (b) of Section 25509.
The regulations shall also specify criteria for sharing data
electronically. Not later than two years after the effective date of
those regulations, and annually thereafter, each administering agency
shall require businesses to use that addendum when complying with
subdivisions (b) and (c) of Section 13143.9 and subdivision (b) of
Section 25509. The addendum shall be filed with the administering
agency, when required by the local fire chief.
SEC. 408. SEC. 365. Section 25505.2
of the Health and Safety Code is amended to read:
25505.2. (a) Notwithstanding any other provision of this chapter,
any city or county which, on September 1, 1985, had in effect a
local ordinance containing business inventory reporting requirements
substantially similar to this chapter, as amended by the act enacting
this section, is exempt from having to implement any regulations
adopted by the office concerning business plans upon meeting both of
the following requirements:
(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or
amends its existing ordinance, so that its requirements for business
plans are the same as, or more restrictive than, this chapter,
including subdivision (a) of Section 25503.5 and Sections 25504 and
25509.
(2) The office certifies that the ordinance's requirements are in
compliance with paragraph (1) and that the city or county is
implementing the ordinance, based upon evidence submitted by the city
or county. Applications for exemption shall be filed with the office
not later than 120 days from the effective date of the act enacting
this section and the office shall certify or reject the applications
within 60 days after receipt. The city or county may file an appeal
of the decision of the office with the Director of Emergency
Services, under procedures established by the office.
(b) This section does not exempt any administering agency from
compliance with any other provision of this chapter.
(c) Any business located in a city or county which is exempt from
the regulations adopted pursuant to this chapter concerning business
plans, shall comply with the ordinance adopted by the city or county.
SEC. 409. SEC. 366. Section 25507 of
the Health and Safety Code is amended to read:
25507. (a) Except as provided in subdivision (b), the handler or
any employee, authorized representative, agent, or designee of a
handler shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the administering
agency, and to the office, in accordance with the regulations adopted
pursuant to Section 25503. Each handler and any employee, authorized
representative, agent, or designee of a handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency rescue personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to any person engaged in the
transportation of a hazardous material on a highway which is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
SEC. 410. SEC. 367. Section 25507.1
of the Health and Safety Code is amended to read:
25507.1. (a) Any business required to submit a followup emergency
notice pursuant to subdivision (c) of Section 11004 of Title 42 of
the United States Code, as that section read on January 1, 1989, or
as it may be subsequently amended, shall submit the notice on a form
approved by the office.
(b) The office may adopt guidelines for the use of the forms
required by subdivision (a).
SEC. 411. SEC. 368. Section 25509 of
the Health and Safety Code is amended to read:
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by the
business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business that is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) that is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC Code number of the business if applicable.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9, the business shall also file the addendum
required by Section 25503.9 with the administering agency.
(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
(2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
SEC. 412. SEC. 369. Section 25517.5
of the Health and Safety Code is amended to read:
25517.5. (a) The office may develop materials, such as guidelines
and informational pamphlets, to assist businesses to fulfill their
obligations under this chapter.
(b) The office may adopt emergency regulations for the purpose of
implementing Sections 25503 and 25509. These emergency regulations
shall be adopted by the office in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for purposes of that chapter, the adoption
of these regulations is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, and safety, or general
welfare.
SEC. 413. SEC. 370. Section 25520 of
the Health and Safety Code is amended to read:
25520. The office, not later than January 10, 1986, shall adopt
emergency regulations for the immediate report of release or
threatened release of a hazardous material as required by Section
25507 until regulations are adopted pursuant to Section 25503.
Regulations adopted pursuant to this section are not subject to
review by the Office of Administrative Law.
SEC. 414. SEC. 371. Section 25531.2
of the Health and Safety Code is amended to read:
25531.2. (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program
pursuant to this article, the Office of Emergency Services will play
a vital and increased role in preventing accidental releases of
extremely hazardous substances. The Legislature further finds and
declares that as an element of the unified program established
pursuant to Chapter 6.11 (commencing with Section 25404), a single
fee system surcharge mechanism is established by Section 25404.5 to
cover the costs incurred by the office pursuant to this article. It
is the intent of the Legislature that this existing authority,
together with any federal assistance that may become available to
implement the accidental release program, be used to fully fund the
activities of the office necessary to implement this article.
(b) The office shall use any federal assistance received to
implement Chapter 6.11 (commencing with Section 25404) to offset any
fees or charges levied to cover the costs incurred by the office
pursuant to this article.
SEC. 415. SEC. 372. Section 25545 of
the Health and Safety Code is amended to read:
25545. The office shall develop informational guidelines for
facilities required to comply with Chapter 116 (commencing with
Section 11001) of Title 42 of the United States Code and with this
chapter, and shall assist the administering agencies in ensuring full
distribution of these guidelines to those facilities.
SEC. 416. SEC. 373. Section 35805 of
the Health and Safety Code is amended to read:
35805. As used in this part:
(a) "Agency" means the Business, Consumer Services and Housing
Agency.
(b) "Fair market value" means the most probable price which a
property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting
prudently and knowledgeably, and assuming the price is not affected
by undue stimulus. The use of this definition of fair market value by
a financial institution in an appraisal made at any time on or after
July 1, 1986, does not violate the provisions of this part.
(c) "Financial institution" includes any bank, savings and loan
association, or other institution in this state, including a public
agency, that regularly makes, arranges, or purchases loans for the
purchase, construction, rehabilitation, improvement, or refinancing
of housing accommodations.
(d) "Housing accommodation" includes any improved or unimproved
real property, or portion thereof, that (1) is used or is intended to
be used as a residence, and (2) is or will be occupied by the owner,
and (3) contains not more than four dwelling units. "Housing
accommodation" shall also include any residential dwelling containing
not more than four dwelling units where the owner thereof, whether
or not the owner will occupy the property, applies or has applied for
a secured home improvement loan from a financial institution, the
proceeds of which loan will be used to improve the security property.
(e) "Secretary" means the Secretary of Business, Consumer
Services and Housing.
SEC. 417. SEC. 374. Section 50093 of
the Health and Safety Code is amended to read:
50093. "Persons and families of low or moderate income" means
persons and families whose income does not exceed 120 percent of area
median income, adjusted for family size by the department in
accordance with adjustment factors adopted and amended from time to
time by the United States Department of Housing and Urban Development
pursuant to Section 8 of the United States Housing Act of 1937.
However, the agency and the department jointly, or either acting with
the concurrence of the Secretary of Business, Consumer Services and
Housing, may permit the agency to use higher income limitations in
designated geographic areas of the state, upon a determination that
120 percent of the median income in the particular geographic area is
too low to qualify a substantial number of persons and families of
low or moderate income who can afford rental or home purchase of
housing financed pursuant to Part 3 (commencing with Section 50900)
without subsidy.
"Persons and families of low or moderate income" includes very low
income households, as defined in Section 50105, extremely low income
households, as defined in Section 50106, and lower income households
as defined in Section 50079.5, and includes persons and families of
extremely low income, persons and families of very low income,
persons and families of low income, persons and families of moderate
income, and middle-income families. As used in this division:
(a) "Persons and families of low income" or "persons of low
income" means persons or families who are eligible for financial
assistance specifically provided by a governmental agency for the
benefit of occupants of housing financed pursuant to this division.
(b) "Persons and families of moderate income" or "middle-income
families" means persons and families of low or moderate income whose
income exceeds the income limit for lower income households.
(c) "Persons and families of median income" means persons and
families whose income does not exceed the area median income, as
adjusted by the department for family size in accordance with
adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to
Section 8 of the United States Housing Act of 1937.
As used in this section, "area median income" means the median
family income of a geographic area of the state, as annually
estimated by the United States Department of Housing and Urban
Development pursuant to Section 8 of the United States Housing Act of
1937. In the event these federal determinations of area median
income are discontinued, the department shall establish and publish
as regulations income limits for persons and families of median
income for all geographic areas of the state at 100 percent of area
median income, and for persons and families of low or moderate income
for all geographic areas of the state at 120 percent of area median
income. These income limits shall be adjusted for family size and
shall be revised annually.
For purposes of this section, the department shall file, with the
Office of Administrative Law, any changes in area median income and
income limits determined by the United States Department of Housing
and Urban Development, together with any consequent changes in other
derivative income limits determined by the department pursuant to
this section. These filings shall not be subject to Article 5
(commencing with Section 11346) or Article 6 (commencing with Section
11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the
Government Code, but shall be effective upon filing with the Office
of Administrative Law and shall be published as soon as possible in
the California Regulatory Code Supplement and the California Code of
Regulations.
The department shall establish and publish a general definition of
income, including inclusions, exclusions, and allowances, for
qualifying persons under the income limits of this section and
Sections 50079.5, 50105, and 50106 to be used where no other federal
or state definitions of income apply. This definition need not be
established by regulation.
Nothing in this division shall prevent the agency or the
department from adopting separate family size adjustment factors or
programmatic definitions of income to qualify households, persons,
and families for programs of the agency or department, as the case
may be.
SEC. 418. SEC. 375. Section 50150 of
the Health and Safety Code is amended to read:
50150. This chapter sets forth the general responsibilities and
roles of the Business, Consumer Services and Housing Agency, the
Department of Housing and Community Development, and the California
Housing Finance Agency in carrying out state housing policies and
programs. It is declaratory of existing law as to those roles and
responsibilities, and shall not be construed as creating additional
responsibilities.
SEC. 419. SEC. 376. Section 50151 of
the Health and Safety Code is amended to read:
50151. The Secretary of Business, Consumer Services and Housing
shall be responsible for allocating financial aid and contributions
made available directly to state government or to the agency by any
agency of the United States for the purpose of subsidizing housing
for persons and families of low or moderate income.
The agency shall have priority among all other units of state
government for receipt of federal housing subsidies for use in
connection with its lending and insurance programs.
SEC. 420. SEC. 377. Section 50153 of
the Health and Safety Code is amended to read:
50153. To further the goals of this division and to enable the
success of a statewide housing program, it is essential, and the
Legislature intends, that the agency and the department shall closely
coordinate their activities to assure that the goals and purposes of
this division are realized. To this end, the Secretary of Business,
Consumer Services and Housing and the director of the department have
been given a role on the board which administers the agency and
approves major contractual agreements, and a veto power over agency
regulations in certain policy areas as specified in Section 50462,
and the agency is required to coordinate its activities with the
department. Subject to these restrictions, however, and when carrying
out its own unique responsibilities, the agency is relatively free
of regulation by other agencies of state government.
SEC. 421. SEC. 378. Section 50154 of
the Health and Safety Code is amended to read:
50154. The California Housing Finance Agency, within the
Business, Consumer Services and Housing Agency, is a primary agency
in the implementation of state housing policy. The agency's role is
to make financing opportunities available for the construction,
rehabilitation, and purchase of housing for persons and families of
low or moderate income by (a) borrowing in the securities markets and
relending to housing sponsors, developers, and homeowners and (b)
insuring loans made by the agency or by others for the same purposes.
In general, the agency pays for its operations out of the excess of
its interest revenue from loan repayments over the cost of the money
it borrows or, in the case of insurance, by the excess of fees
charged for the provision of insurance over the value of claims paid.
The agency shall seek to implement the goals, policies, and
objectives of the California Statewide Housing Plan and shall
annually report on its progress toward compliance with priorities in
the California Statewide Housing Plan.
SEC. 422. SEC. 379. Section 50452 of
the Health and Safety Code is amended to read:
50452. The department shall update and provide a revision of the
California Statewide Housing Plan to the Legislature by January 1,
2006, by January 1, 2009, and every four years thereafter. The
revisions shall contain all of the following segments:
(a) A comparison of the housing need for the preceding four years
with the amount of building permits issued and mobilehome units sold
in those fiscal years.
(b) A revision of the determination of the statewide need for
housing development specified in subdivision (b) of Section 50451 for
the current year and projected four additional years ahead.
(c) A revision of the housing assistance goals specified in
subdivision (c) of Section 50451 for the current year and projected
four additional years ahead.
(d) A revision of the evaluation required by subdivision (a) of
Section 50451 as new census or other survey data become available.
The revision shall contain an evaluation and summary of housing
conditions throughout the state and may highlight data for
multicounty or regional areas, as determined by the department. The
revision shall include a discussion of the housing needs of various
population groups, including, but not limited to, the elderly
persons, disabled persons, large families, families where a female is
the head of the household, and farmworker households.
(e) An updating of recommendations for actions by federal, state,
and local governments and the private sector which will facilitate
the attainment of housing goals established for California.
The Legislature may review the plan and the updates of the plan
and transmit its comments on the plan or updates of the plan to the
Governor, the Secretary of Business, Consumer Services and Housing,
and the Director of Housing and Community Development.
SEC. 423. SEC. 380. Section 50462 of
the Health and Safety Code is amended to read:
50462. The department may initiate, develop, and propose
regulations for adoption by the agency and review regulations
proposed by the board prior to their taking effect, with respect to
the following:
(a) Standards for affirmative marketing programs of housing
sponsors seeking financial assistance from the agency.
(b) Criteria for certifying that the sale or conveyance of real
property pursuant to Section 51061 or Section 51251 will primarily
benefit persons and families of low or moderate income living in a
housing development or a residential structure.
(c) Regulations permitting grants to be made by the agency to
housing sponsors for the purpose of attaining affordable rents in
housing developments financed by the agency. Such grants shall not be
made with moneys derived from the sale of bonds.
(d) Regulations governing payments, procedures, and eligibility
for relocation assistance for individuals and families displaced by
actions of the agency or of housing sponsors of housing developments
or neighborhood improvement loans.
(e) Criteria for qualification of persons, families, and
households as persons and families of low or moderate income, lower
income households, or very low income households.
(f) Regulations establishing the maximum percentage of income
which may be paid by persons and families of low or moderate income
for housing cost within the meaning of the term affordable housing
cost, as defined in Section 50052.5.
(g) Regulations designating geographical areas of need throughout
the state for housing construction or rehabilitation, as identified
in the California Statewide Housing Plan, identifying housing markets
in which insufficient financing is available for purchase or
rehabilitation of existing housing, identifying types of households
with particularly severe housing needs, or establishing priority
criteria for the selection of homes and projects to be financed as
housing developments or neighborhood improvement loans.
(h) Criteria for inclusion of nonhousing facilities in housing
developments financed by the agency.
Regulations proposed by the agency in such areas of responsibility
shall not take effect without concurrence of the director, the
Secretary of Business, Consumer Services and Housing, or a
representative of the secretary specifically designated for such
review and approval.
SEC. 424. SEC. 381. Section 50661.5
of the Health and Safety Code is amended to read:
50661.5. (a) There is hereby created in the State Treasury the
California Disaster Housing Repair Fund, into which shall be paid all
moneys appropriated by the Legislature pursuant to subdivision (b)
or transferred pursuant to subdivision (c) for housing repair loans
pursuant to Sections 50662.7, 50671.5, and 50671.6. All interest or
other increments resulting from the investment of moneys in the
California Disaster Housing Repair Fund shall be deposited in the
fund, notwithstanding Section 16305.7 of the Government Code.
Notwithstanding Section 13340 of the Government Code, all money in
that fund is continuously appropriated to the department for the
following purposes:
(1) For making deferred payment loans and predevelopment loans
pursuant to Sections 50662.7, 50671.5, and 50671.6.
(2) For related administrative expenses of the department.
(3) For related administrative expenses of any entity contracting
with the department, pursuant to Sections 50662.7, 50671.5, and
50671.6 in an amount, if any, as determined by the department, to
enable the entities to implement a program pursuant to those
sections.
(4) For providing loan guarantees for disaster-related loans made
by private institutional lending sources.
(b) There shall be paid into the fund the following:
(1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
(2) Any moneys transferred from the Special Fund for Economic
Uncertainties prior to July 1, 1996, pursuant to subdivision (c).
(3) Any other moneys which may be made available to the department
prior to July 1, 1996, for the purposes of this section from any
other source or sources.
(4) The director may authorize the sale of the
beneficiary interest of loans made pursuant to Section 50662.7. The
proceeds from that sale prior to July 1, 1996, shall be deposited
into the California Disaster Housing Repair Fund. Proceeds from that
sale after July 1, 1996, shall be deposited in the General Fund.
(c) (1) To the extent that funds are not available, the Department
of Housing and Community Development shall submit to the Department
of Finance, within 90 days after a disaster, a deficiency request
based on a minimum funding level based on a damage survey completed
by the Office of Emergency Services and the Federal Emergency
Management Agency. The request shall distinguish between
owner-occupied housing of one to four units and rental housing of
five or more units.
(2) Upon receipt of the deficiency request from the Department of
Housing and Community Development pursuant to paragraph (1), the
Department of Finance shall make a funding determination and notify
the Legislature of the approval or disapproval of the deficiency
amount. Any deficiency amount approved shall distinguish between
owner-occupied housing of one to four units and rental housing of
five or more units.
(3) Any payments made pursuant to this subdivision from funds made
available under Section 50671.5 shall be matched by a corresponding
and equal payment from funds made available under Section 50671.6,
except that, upon the determination of the Director of Finance that
one of the two rental repair programs has excess funds, moneys from
that fund may be used for either of the other two disaster repair
programs.
(d) In the event of a natural disaster, as defined in Section
8680.3 of the Government Code, the Director of Finance may transfer
moneys from the Special Fund for Economic Uncertainties established
by Section 16418 of the Government Code to the California Disaster
Housing Repair Fund, provided the transfer is not made sooner than 30
days after notification in writing of the necessity therefor is
provided to the Joint Legislative Budget Committee.
(e) Notwithstanding any other provision of law, on or after July
1, 1996, the unencumbered fund balance and reserves shall be
transferred to the Housing Rehabilitation Loan Fund and subsequent
income and other resources payable pursuant to Sections 50662.7,
50671.5, and 50671.6, shall be deposited to the Housing
Rehabilitation Loan Fund, except that payments of principal and
interest on loans issued pursuant to Sections 50662.7, 50671.5, and
50671.6 shall be deposited in the General Fund.
(f) In making funds available to disaster victims pursuant to
Sections 50662.7, 50671.5, and 50671.6, the department shall impose a
one-year deadline for submission of applications.
(g) Any changes made on or after January 1, 1994, to any program
funded by the California Disaster Housing Repair Fund shall not apply
to applications submitted on or before December 31, 1993. The
department may administer the program in accordance with guidelines
until regulations are adopted.
SEC. 425. SEC. 382. Section 50900 of
the Health and Safety Code is amended to read:
50900. The California Housing Finance Agency is hereby continued
in existence in the Department of Housing and Community Development.
The agency constitutes a public instrumentality and a political
subdivision of the state, and the exercise by the agency of the
powers conferred by this division shall be deemed and held to be the
performance of an essential public function.
SEC. 426. SEC. 383. Section 51005 of
the Health and Safety Code is amended to read:
51005. (a) The agency shall, by November 1 of each year, submit
an annual report of its activities under this division for the
preceding year to the Governor, the Secretary of Business, Consumer
Services and Housing, the Director of Housing and Community
Development, the Treasurer, the Joint Legislative Budget Committee,
the Legislative Analyst, and the Legislature. The report shall set
forth a complete operating and financial statement of the agency
during the concluded fiscal year. The report shall specify the number
of units assisted, the distribution of units among the metropolitan,
nonmetropolitan, and rural areas of the state, and shall contain a
summary of statistical data relative to the incomes of households
occupying assisted units, the monthly rentals charged to occupants of
rental housing developments, and the sales prices of residential
structures purchased during the previous fiscal year by persons or
families of low or moderate income. The report shall also include a
statement of accomplishment during the previous year with respect to
the agency's progress, priorities, and affirmative action efforts.
The agency shall specifically include in its report on affirmative
action goals, statistical data on the numbers and percentages of
minority sponsors, developers, contractors, subcontractors,
suppliers, architects, engineers, attorneys, mortgage bankers or
other lenders, insurance agents, and managing agents.
(b) The report shall also include specific information evaluating
the extent to which the programs administered by the agency have
attained the statutory objectives of the agency, including, but not
limited to, (1) the primary purpose of the agency in meeting the
housing needs of persons and families of low or moderate income
pursuant to Section 50950, (2) the occupancy requirements for very
low income households established pursuant to Sections 50951 and
51226, (3) the elderly and orthopedic disability occupancy
requirements established pursuant to Section 51230, (4) the use of
surplus moneys pursuant to Section 51007, (5) the metropolitan,
nonmetropolitan, and rural goals established pursuant to subdivision
(h) of Section 50952, (6) the California Statewide Housing Plan, as
required by Section 50154, (7) the statistical and other information
developed and maintained pursuant to Section 51610, (8) the number of
manufactured housing units assisted by the agency, (9) information
with respect to the proceeds derived from the issuance of bonds or
securities and any interest or other increment derived from the
investment of bonds or securities, and the uses for which those
proceeds or increments are being made as provided for in Section
51365, including the amount by which each fund balance exceeds
indenture requirements, (10) any recommendations described in
subdivision (d), (11) any recommendations described in Section 51227,
(12) the revenue bonding authority plan adopted pursuant to Section
51004.5, (13) the statistical and other information required to be
provided pursuant to Section 50156, (14) an analysis of the agency's
compliance with the targeting requirements of subsection (d) of
Section 142 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 142)
with respect to any issue of bonds subject to those requirements
under Section 103 of the Internal Revenue Code of 1986 (26 U.S.C.
Sec. 103), including the numbers of rental units subject to this
reporting requirement by categories based on the number of bedrooms
per unit, and (15) the statistical and other information relating to
congregate housing for the elderly pursuant to Section 51218.
The agency may, at its option, include the information required by
this section in a single document or may separately report the
statistical portion of the information in a supplement appended to
its annual report. This statistical supplement shall be distributed
with copies of the agency's annual report, but need not be provided
to bond rating agencies, underwriters, investors, developers, or
financial institutions.
(c) The agency shall cause an audit of its books and accounts
with respect to its activities under this division to be made at
least once during each fiscal year by an independent certified public
accountant and the agency shall be subject to audit by the
Department of Finance not more often than once each fiscal year.
(d) The agency shall assess any obstacles or problems that it has
encountered in meeting its mandate to serve nonmetropolitan and
rural metropolitan areas, and recommend legislative and
administrative solutions to overcome these obstacles or problems. The
agency shall separately assess its progress in meeting the
rehabilitation needs of rural areas and the new construction needs of
rural areas, and separately assess its progress as to single and
multifamily units. The agency shall include in its report a
quantification and evaluation of its progress in meeting the housing
needs of communities of various sizes in rural areas.
(e) By December 1 of each fiscal year, the agency shall ascertain
that not less than 25 percent of the total units financed by
mortgage loans during the preceding 12 months pursuant to this part
were made available to very low income households. If the agency
finds that these very low income occupancy goals have not been met,
the agency shall immediately notify the Governor, the Speaker of the
Assembly, and the Senate Committee on Rules, and shall recommend
legislation or other action as may be required to make (1) at least
25 percent of the units so available, and (2) at least 25 percent of
the units thereafter financed so available. In housing developments
for which the agency provides a construction loan but not a mortgage
loan, the agency shall report annually on the percentage of units
projected to be made available for occupancy and actually occupied by
lower income households.
SEC. 427. SEC. 384. Section 51614 of
the Health and Safety Code is amended to read:
51614. (a) The agency is hereby vested with full power,
authority, and jurisdiction over the insurance fund. The agency may
perform all acts necessary or convenient in the exercise of any
power, authority, or jurisdiction over the insurance fund, either in
the administration thereof or in connection with the business
administered under this part, as fully and completely as the
governing body of a private insurance carrier.
(b) The agency may create task forces and advisory committees,
when appropriate and as the members deem necessary, for the purpose
of obtaining advice on issues arising as a result of the agency's
activities under this part. Ex officio members of those task forces
and advisory committees may include, but are not limited to, the
Insurance Commissioner or his or her designee, the Director of
Housing and Community Development or his or her designee, the
Director of the Seismic Safety Commission or his or her designee, and
the Director of Emergency Services or his or her designee.
SEC. 428. SEC. 385. Section 51624 of
the Health and Safety Code is amended to read:
51624. The agency shall prepare a preliminary budget for the
agency's activities under this part on or before December 1 of each
year for the ensuing fiscal year, to be reviewed by the Secretary of
Business, Consumer Services and Housing, the Director of Finance, and
the Joint Legislative Budget Committee.
SEC. 429. SEC. 386. Section 53524 of
the Health and Safety Code is amended to read:
53524. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this part, the Housing Finance Committee is
hereby created. For purposes of this part, the Housing Finance
Committee is "the committee" as that term is used in the State
General Obligation Bond Law. The committee consists of the
Controller, the Treasurer, the Director of Finance, the Secretary of
Business, Consumer Services and Housing, the Director of Housing and
Community Development, and the Executive Director of the California
Housing Finance Agency, or their designated representatives. The
Treasurer shall serve as the chairperson of the committee. A majority
of the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the
department is designated the "board" for programs administered by the
department, and the agency is the "board" for programs administered
by the agency.
SEC. 430. SEC. 387. Section 101080.2
of the Health and Safety Code is amended to read:
101080.2. (a) The local health officer may issue, and first
responders may execute, an order authorizing first responders to
immediately isolate exposed individuals that may have been exposed to
biological, chemical, toxic, or radiological agents that may spread
to others. An order issued pursuant to this section shall not be in
effect for a period longer than two hours and shall only be issued if
the means are both necessary and the least restrictive possible to
prevent human exposure.
(b) Before any implementation of the authority in subdivision (a),
the local health officer shall establish a related memorandum of
understanding with first responders in his or her jurisdiction that
shall require consultation with the Office of Emergency Services
operational area coordinator, consistent with the standardized
emergency management system established pursuant to Section 8607 of
the Government Code, and shall include where and how exposed subjects
will be held pending decontamination in the local jurisdiction. That
memorandum of understanding shall be made available to the public.
(c) A violation of an order issued by the local health officer and
executed by a first responder pursuant to subdivision (a) is a
misdemeanor, punishable by a fine of up to one thousand dollars
($1000), or by imprisonment in the county jail for a period of up to
90 days, or by both.
SEC. 431. SEC. 388. Section 105215
of the Health and Safety Code is amended to read:
105215. (a) Any public employee, as defined in Section 811.4 of
the Government Code, whose responsibilities include matters relating
to health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where the plan has been approved by the Office of
Emergency Services and is in operation. The operator of the
notification point shall immediately notify the local health officer
of the pesticide spill report.
(b) The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received. Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
(c) The Office of Environmental Health Hazard Assessment shall
designate a telephone number or numbers for use by local health
officers in the immediate notification of the office of a pesticide
spill report. The office shall from time to time establish criteria
for use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
SEC. 432. SEC. 389. Section 114650
of the Health and Safety Code is amended to read:
114650. (a) As used in this chapter, the following definitions
shall apply:
(1) "Agency" or "office " means the Office of Emergency Services.
(2) "Department" means the State Department of Public Health.
(3) "Disburse or disbursement" means a payment in advance from the
Nuclear Planning Assessment Special Account, as specified in
paragraph (5) of subdivision (b) of Section 8610.5 of the Government
Code.
(4) "Emergency planning zone" means a zone identified in state and
local government emergency plans where immediate decisions for
effective public protective action from radiation may be necessary.
(5) "Exercise" means an event that tests emergency plans and
organizations and that the Federal Emergency Management Agency
evaluates pursuant to Part 350 (commencing with Section 350.1) of
Subchapter E of Chapter I of Title 44 of the Code of Federal
Regulations.
(6) "Ingestion pathway phase" means the period beginning after any
release of radioactive material from a nuclear powerplant accident
when the plume emergency phase has ceased, and reliable environmental
measurements are available for making decisions on additional
protective actions to protect the food chain. The main concern is to
prevent exposure from ingestion of contaminated water or food, such
as milk, fresh vegetables, or aquatic foodstuffs.
(7) "Ingestion pathway zone" means the 50-mile radius around each
of the state's nuclear powerplants in which protective actions may be
required to protect the food chain in the event of an emergency.
(8) "Interjurisdictional Planning Committee" means the planning
committee, comprised of representatives of the Counties of Orange and
San Diego, the Cities of Dana Point, San Clemente, and San Juan
Capistrano, the Camp Pendleton Marine Corps Base, the State
Department of Parks and Recreation, and the Southern California
Edison Company, established as a mechanism for coordinating
integrated preparedness and response in the event of an emergency at
the San Onofre Nuclear Generating Station.
(9) "Local government" means a city or county that provides
emergency response for a nuclear powerplant emergency.
(10) "Local jurisdiction" means an entity that provides emergency
response for a nuclear powerplant emergency in accordance with the
plans of a local government.
(11) "Plume emergency phase" means the period beginning at the
onset of an emergency at a nuclear powerplant when immediate
decisions for public protective actions are needed.
(12) "Recovery phase" means the period when actions designed to
reduce radiation levels in the environment to acceptable levels for
unrestricted use are commenced, and ending when all recovery actions
have been completed.
(13) "Site" means the location of a nuclear powerplant and its
surrounding emergency planning zone.
SEC. 433. SEC. 390. Section 114655
of the Health and Safety Code is amended to read:
114655. (a) The Legislature hereby finds and declares as follows:
(1) Existing law requires the development and maintenance of a
nuclear powerplant emergency response program by state and local
governments based on federal and state criteria.
(2) The office, in consultation with the department and the
counties, has investigated the consequences of a serious nuclear
powerplant accident and has established plume emergency phase and
ingestion pathway phase planning zones for each site. These zones
imply mutually supportive emergency planning and preparedness
arrangements by all levels of government.
(3) An integrated emergency planning program is necessary for the
benefit of the citizens within the planning zones.
(b) Nothing in this chapter limits the activities of any
government in carrying out its general responsibilities pertaining to
the public health and the safety aspects of emergency response.
SEC. 434. SEC. 391. The heading of
Article 2 (commencing with Section 114660) of Chapter 4 of Part 9 of
Division 104 of the Health and Safety Code is amended to read:
Article 2. Responsibilities of the Office of Emergency
Services
SEC. 435. SEC. 392. Section 114660
of the Health and Safety Code is amended to read:
114660. (a) The office is responsible for the coordination and
integration of all emergency planning programs and response plans
under this chapter. If there is a nuclear powerplant accident, the
office shall coordinate information and resources to support local
governments in a joint state and local government decisionmaking
process.
(b) The office shall perform all of the following duties and
functions:
(1) Coordinate the activities of all state agencies relating to
preparation and implementation of the State Nuclear Power Plant
Emergency Response Plan. The office shall be the focal point for
coordinating nuclear powerplant emergency preparedness activities
with local governments, other state agencies, federal agencies, and
other organizations.
(2) Exercise explicit ultimate authority for allocating funds from
the Nuclear Planning Assessment Special Account to local
governments.
(3) Coordinate and participate in exercises of the state's nuclear
emergency response plan with each site during its federally
evaluated exercise.
(4) Ensure that state personnel are adequately trained to respond
in the event of an actual emergency. The exercises shall include the
department and other relevant state agencies.
(5) In consultation with the department, review protective action
recommendations developed by the utilities and local government
representatives.
(6) Coordinate planning guidance to state agencies and local
governments.
(7) Ensure the development and maintenance of the State Nuclear
Power Plant Emergency Response Plan and procedures necessary to carry
out those responsibilities and review and approve state agency plans
in draft prior to publication.
(8) Exercise discretionary authority regarding the formation of
interagency agreements with state agencies having local emergency
responsibilities, to ensure state agencies have updated emergency
plans and trained emergency response personnel to respond during the
plume emergency phase.
(9) Conduct a study similar to that described in Section 8610.3 of
the Government Code, for any nuclear powerplant with a generating
capacity of 50 megawatts or more that is proposed for licensing in
this state.
SEC. 436. SEC. 393. Section 114790 of
the Health and Safety Code is amended to read:
114790. The information transmitted to the radiation monitoring
displays in the technical support center or emergency operating
facility of a nuclear powerplant shall be simultaneously transmitted
to the Office of Emergency Services State Warning Center.
SEC. 437. SEC. 394. Section 114820
of the Health and Safety Code is amended to read:
114820. (a) The department, with the assistance of the Office of
Emergency Services, the State Energy Resources Conservation and
Development Commission, and the Department of the California Highway
Patrol shall, with respect to any fissile radioactive material coming
within the definition of "fissile class II," "fissile class III,"
"large quantity radioactive materials," or "low-level radioactive
waste" provided by the regulations of the United States Department of
Transportation (49 C.F.R. 173.389), do all of the following:
(1) Study the adequacy of current packaging requirements for
radioactive materials.
(2) Study the effectiveness of special routing and timing of
radioactive materials shipments for the protection of the public
health.
(3) Study the advantages of establishing a tracking system for
shipments of most hazardous radioactive materials.
(b) The department, with the assistance of the Office of Emergency
Services, the State Energy Resources Conservation and Development
Commission, and the Department of the California Highway Patrol,
shall extend the nuclear emergency response plan to include
radioactive materials in transit and provide training for law
enforcement officers in dealing with those threats.
(c) Subject to Section 114765, the department, in cooperation with
the Department of the California Highway Patrol, shall adopt, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, reasonable
regulations that, in the judgment of the department, promote the safe
transportation of radioactive materials. The regulations shall (1)
prescribe the use of signs designating radioactive material cargo;
shall designate, in accordance with the results of the studies done
pursuant to subdivision (a), the manner in which the shipper shall
give notice of the shipment to appropriate authorities; (2) prescribe
the packing, marking, loading, and handling of radioactive
materials, and the precautions necessary to determine whether the
material when offered is in proper condition to transport, but shall
not include the equipment and operation of the carrier vehicle; and
(3) be reviewed and amended, as required, pursuant to Section 114765.
The regulations shall be compatible with those established by the
federal agency or agencies required or permitted by federal law to
establish the regulations.
(d) Subject to Section 114765, the Department of the California
Highway Patrol, after consulting with the department, shall adopt
regulations specifying the time at which shipments may occur and the
routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as those materials are defined in
regulations of the department.
SEC. 438. SEC. 395. Section 115280
of the Health and Safety Code is amended to read:
115280. (a) Each privately owned and publicly owned public
utility operating a nuclear powerplant with a generating capacity of
50 megawatts or more shall install an automated alert system that
will activate alarms in the California State Warning Center of the
Office of Emergency Services in a manner to be determined by the
office in consultation with the department and the appropriate county
emergency services agency. This automated alert system shall
duplicate the following alarms in the control rooms of each nuclear
powerplant:
(1) Safety injection actuation (operation of the emergency core
cooling system).
(2) High radiation alarm of the radioactive gas effluent stack
monitor.
(b) The automated alert system shall be operative within 12 months
of the effective date of this chapter.
(c) In no event shall the capital costs of complying with this
section exceed two hundred thousand dollars ($200,000) per nuclear
powerplant. The operator of each nuclear powerplant shall be
responsible for any maintenance or recurring charges. The funds
expended by privately owned utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities Commission.
Publicly owned public utilities shall include funds expended under
this section in their rates.
(d) The automated alert system shall be operational whenever
corresponding alarms in the control rooms of each nuclear powerplant
are required to be operational under the terms of the operating
license issued by the Nuclear Regulatory Commission, except for
periods of time required for maintenance, repair, calibration, or
testing.
(e) Nothing in this section shall require plant
modifications or the conduct of operations that may be in conflict
with conditions of a license to operate issued by the Nuclear
Regulatory Commission or other activities authorized by the Nuclear
Regulatory Commission.
(f) The Office of Emergency Services shall make provision for
immediate notification of appropriate local officials upon activation
of the automated alert system pursuant to this section.
SEC. 439. SEC. 396. Section 115295
of the Health and Safety Code is amended to read:
115295. If the Humboldt Bay Nuclear Generating Station is not in
operation on the effective date of this section, the local emergency
plan for it shall not be required to meet the revised emergency
response plan requirements of Section 8610.5 of the Government Code
until the Nuclear Regulatory Commission determines that the
powerplant meets Nuclear Regulatory Commission seismic safety
criteria, or until the Nuclear Regulatory Commission issues an order
rescinding the restrictions imposed on the Humboldt Bay Nuclear
Generating Station in its order of May 21, 1976.
In the event that the Nuclear Regulatory Commission determines
that the Humboldt Bay Nuclear Generating Station meets Nuclear
Regulatory Commission seismic safety standards, or issues an order
rescinding the restrictions in its order of May 21, 1976, a draft
county emergency plan meeting the requirements of Section 8610.5 of
the Government Code shall be submitted to the Office of Emergency
Services for review within 180 days of the determination or
rescission. Within 90 days after submission of the draft county
emergency plan, approval of a final plan shall be completed by the
Office of Emergency Services.
SEC. 440. SEC. 397. Section 115340
of the Health and Safety Code is amended to read:
115340. (a) The State Department of Health Care
Services shall work with the KI working group, which is coordinated
by the Office of Emergency Services, to establish and implement a
program to oversee the distribution of potassium iodide (KI) tablets
to all persons who reside, work, visit, or attend school within the
state-designated emergency planning zone of an operational nuclear
powerplant, in order to provide protection to members of the public
in the event of an accident causing leakage of radioactive iodine,
pursuant to the offer of the Nuclear Regulatory Commission to provide
the state with a supply of KI tablets.
(b) In order to implement the program required by subdivision (a),
the department, in consultation with local health departments and
local emergency management agencies, shall develop and implement a
plan for both of the following:
(1) The prompt distribution of the tablets to persons at risk in
the event of a nuclear emergency, in a manner to best protect the
public health.
(2) The dissemination of instructions on the use of the tablets,
including the possible need for medical consultation, if indicated.
(c) The department shall work with the KI working group described
in subdivision (a) to develop and implement a plan and method for the
efficient storage of KI tablets.
(d) The department, in consultation with the KI working group,
shall evaluate areas in the state, other than those described in
subdivision (a), in which leakage of radioactive iodine is possible,
and evaluate the need to store quantities of KI tablets in those
areas.
(e) No later than July 1, 2004, the department shall submit a plan
to the Governor and the Legislature on the establishment and
implementation of the program required pursuant to subdivisions (a)
and (b), and on the development and implementation of the plan and
method required in subdivision (c). No later than July 1, 2004, the
department shall also submit to the Governor and the Legislature the
evaluation required in subdivision (d).
SEC. 441. Section 124174.2 of the Health and
Safety Code is amended to read:
124174.2. (a) The department, in cooperation with the State
Department of Education, shall establish a Public School Health
Center Support Program.
(b) The program, in collaboration with the State Department of
Education, shall perform the following program functions:
(1) Provide technical assistance to school health centers on
effective outreach and enrollment strategies to identify children who
are eligible for, but not enrolled in, the Medi-Cal program, the
Healthy Families Program, or any other applicable program.
(2) Serve as a liaison between organizations within the
department, including, but not limited to, prevention services,
primary care, and family health.
(3) Serve as a liaison between other state entities, as
appropriate, including, but not limited to, the State Department of
Health Care Services, the State Department of Alcohol and Drug
Programs, the Department of Managed Health Care, the Office of
Emergency Services, and the Managed Risk Medical Insurance Board.
(4) Provide technical assistance to facilitate and encourage the
establishment, retention, or expansion of, school health centers. For
purposes of this paragraph, technical assistance may include, but is
not limited to, identifying available public and private sources of
funding, which may include federal Medicaid funds, funds from
third-party reimbursements, and available federal or foundation grant
moneys.
(c) The department shall consult with interested parties and
appropriate stakeholders, including the California School Health
Centers Association and representatives of youth and parents, in
carrying out its responsibilities under this article.
SEC. 442. SEC. 398. Section 130055 of
the Health and Safety Code is amended to read:
130055. Within 60 days following the office's approval of the
report submitted pursuant to subdivision (b) of Section 130050,
general acute hospital building owners shall do all of the following:
(a) Inform the local office of emergency services or the
equivalent agency, the Office of Emergency Services, and the office,
of each building's expected earthquake performance.
(b) Include all pertinent information regarding the building's
expected earthquake performance in emergency training, response, and
recovery plans.
(c) Include all pertinent information regarding the building's
expected earthquake performance in capital outlay plans.
SEC. 443. SEC. 399. Section 12406.5
of the Insurance Code is amended to read:
12406.5. (a) The commissioner shall develop, publish, and
disseminate a brochure for consumers who are required to buy title
insurance as part of a residential real estate transaction. The
brochure shall inform consumers that competing title insurers and
underwritten title companies may offer different costs or services
for the title insurance required in the transaction. The brochure
shall also inform consumers about the potential availability of
discounts in cases involving first-time buyers, short-term rates if a
home is resold in less than a five-year period, concurrent rates if
the company is providing both the homeowners' and the lenders' title
insurance policies in the transaction, subdivision bulk rates if the
property being purchased is in a new subdivision, refinancing
discounts, short-term financing rates, and discounts that may be
available in other special cases. The brochure shall encourage
consumers to contact more than one title insurer or underwritten
title company in order to compare costs and services.
(b) The brochure developed pursuant to subdivision (a) shall
include the department's toll-free consumer assistance telephone
number and shall invite consumers to call the department if they need
assistance.
(c) The department shall display the brochure developed pursuant
to subdivision (a) on its Internet Web site, and the brochure shall
include the department's Internet address.
(d) The brochure developed pursuant to subdivision (a) shall also
educate consumers about laws involving unlawful commissions and
rebates associated with the placement or referral of title insurance
and shall encourage consumers to report to the department, to the
Bureau of Real Estate, and to any other appropriate government
agencies any suspected incidents of probable unlawful commissions or
rebates subject to Article 6.5 (commencing with Section 12414).
(e) One copy of the brochure developed pursuant to this section
shall be made available to a member of the public at no cost, and the
department may charge its actual cost for providing additional
copies. The brochure shall be made available for reproduction at no
cost to any vendor who wishes to publish the brochure as written,
provided any vendor who wishes to publish the brochure agrees to
submit any documents containing the brochure to the department prior
to publication.
SEC. 444. SEC. 400. Section 12414.31
of the Insurance Code is amended to read:
12414.31. (a) (1) Whenever the commissioner takes any formal
enforcement or disciplinary action directly against an employee of a
title insurer, underwritten title company, or controlled escrow
company, for malfeasance or misconduct committed by the employee in
his or her performance of escrow related services, upon the action
becoming final the commissioner shall notify the Real Estate
Commissioner and the Commissioner of Corporations of the action or
actions taken. The purpose of this notification is to alert the
departments that enforcement or disciplinary action has been taken,
if the employee seeks or obtains employment with entities regulated
by the departments.
(2) The commissioner shall provide the Real Estate Commissioner
and the Commissioner of Corporations, in addition to the notification
of the action taken, with a copy of the written accusation,
statement of issues, or order issued or filed in the matter and, at
the request of the Real Estate Commissioner or Commissioner of
Corporations, with any underlying factual material relevant to the
enforcement or disciplinary action. Any confidential information
provided by the commissioner to the Commissioner of Corporations or
the Real Estate Commissioner shall not be made public pursuant to
this section. Notwithstanding any other provision of law, the
disclosure of any underlying factual material to the Commissioner of
Corporations or the Real Estate Commissioner shall not operate as a
waiver of confidentiality or any privilege that the commissioner may
assert.
(b) The commissioner shall establish and maintain, on the Web site
maintained by the Department of Insurance, a separate and readily
identifiable database of all persons who have been subject to any
enforcement or disciplinary action that triggers the notification
requirements of this section. The database shall also contain a
direct link to the databases, described in Section 10176.1 of the
Business and Professions Code and Section 17423.1 of the Financial
Code and required to be maintained on the Web sites of the Bureau of
Real Estate and the Department of Corporations, respectively, of
persons who have been subject to enforcement or disciplinary action
for malfeasance or misconduct related to the escrow industry by the
Commissioner of Corporations and the Real Estate Commissioner.
(c) There shall be no liability on the part of, and no cause of
action of any nature shall arise against, the State of California,
the Department of Insurance, the Insurance Commissioner, any other
state agency, or any officer, agent, employee, consultant, or
contractor of the state, for the release of any false or unauthorized
information pursuant to this section, unless the release of that
information was done with knowledge and malice, or for the failure to
release any information pursuant to this section.
SEC. 445. SEC. 401. Section 16020 of
the Insurance Code is amended to read:
16020. The commissioner, in consultation with the Office of
Emergency Services and other emergency service agencies, shall
establish a method for identification of representatives of insurers.
SEC. 446. SEC. 402.
Section 16030 of the Insurance Code is amended to read:
16030. (a) The commissioner, in cooperation with insurers, the
Office of Emergency Services, and other emergency service agencies,
shall establish procedures for the coordination of efforts between
insurers and their representatives and those of emergency response
agencies.
(b) The commissioner shall assign a representative of the
commissioner to work within the state's regional emergency operations
centers. The representative shall complete the appropriate
Standardized Emergency Management Systems training.
(c) All insurance disaster assessment team members shall complete
the appropriate Standardized Emergency Management Systems training.
SEC. 447. SEC. 403. Section 3211.91
of the Labor Code is amended to read:
3211.91. "Accredited disaster council" means a disaster council
that is certified by the Office of Emergency Services as conforming
with the rules and regulations established by the office pursuant to
Article 10 (commencing with Section 8610) of Chapter 7 of Division 1
of Title 2 of the Government Code. A disaster council remains
accredited only while the certification of the Office of Emergency
Services is in effect and is not revoked.
SEC. 448. SEC. 404. Section 4350 of
the Labor Code is amended to read:
4350. The Office of Emergency Services shall administer this
chapter as it relates to volunteer disaster service workers.
SEC. 449. SEC. 405. Section 433.5 of
the Military and Veterans Code is amended to read:
433.5. All state armories may be used for emergency purposes on
such terms and conditions as shall be mutually agreeable to the
Military Department and the Office of Emergency Services.
SEC. 450. SEC. 406. Section 273.82
of the Penal Code is amended to read:
273.82. Spousal abuser prosecution units receiving funds under
this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 273.83. Enhanced prosecution efforts and resources
shall include, but not be limited to, all of the following:
(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion, including
bail evaluation, preliminary hearing, significant law and motion
litigation, trial, and sentencing.
(2) Vertical counselor representation, whereby a trained domestic
violence counselor maintains liaison from initial court appearances
through the case's conclusion, including the sentencing phase.
(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. "Highly qualified" for the
purposes of this chapter means any of the following:
(1) Individuals with one year of experience in the investigation
and prosecution of felonies.
(2) Individuals with at least two years of experience in the
investigation and prosecution of misdemeanors.
(3) Individuals who have attended a program providing domestic
violence training as approved by the Office of Emergency Services or
the Department of Justice.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to spousal abuser cases.
(d) Coordination with local rape victim counseling centers,
spousal abuse services programs, and victim-witness assistance
programs. That coordination shall include, but not be limited to:
referrals of individuals to receive client services; participation in
local training programs; membership and participation in local task
forces established to improve communication between criminal justice
system agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers, spousal abuse victim programs, and victim-witness
assistance programs.
SEC. 451. Section 326.3 of the Penal Code is
amended to read:
326.3. (a) The Legislature finds and declares all of the
following:
(1) Nonprofit organizations provide important and essential
educational, philanthropic, and social services to the people of the
state.
(2) One of the great strengths of California is a vibrant
nonprofit sector.
(3) Nonprofit and philanthropic organizations touch the lives of
every Californian through service and employment.
(4) Many of these services would not be available if nonprofit
organizations did not provide them.
(5) There is a need to provide methods of fundraising to nonprofit
organizations to enable them to provide these essential services.
(6) Historically, many nonprofit organizations have used
charitable bingo as one of their key fundraising strategies to
promote the mission of the charity.
(7) Legislation is needed to provide greater revenues for
nonprofit organizations to enable them to fulfill their charitable
purposes, and especially to meet their increasing social service
obligations.
(8) Legislation is also needed to clarify that existing law
requires that all charitable bingo must be played using a tangible
card and that the only permissible electronic devices to be used by
charitable bingo players are card-minding devices.
(b) Neither the prohibition on gambling in this chapter nor in
Chapter 10 (commencing with Section 330) applies to any remote caller
bingo game that is played or conducted in a city, county, or city
and county pursuant to an ordinance enacted under Section 19 of
Article IV of the California Constitution, if the ordinance allows a
remote caller bingo game to be played or conducted only in accordance
with this section, including the following requirements:
(1) The game may be conducted only by the following organizations:
(A) An organization that is exempted from the payment of the taxes
imposed under the Corporation Tax Law by Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l ,
or 23701w of the Revenue and Taxation Code.
(B) A mobilehome park association.
(C) A senior citizens organization.
(D) Charitable organizations affiliated with a school district.
(2) The organization conducting the game shall have been
incorporated or in existence for three years or more.
(3) The organization conducting the game shall be licensed
pursuant to subdivision (l) of Section 326.5.
(4) The receipts of the game shall be used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts of the game.
(5) The operation of bingo may not be the primary purpose for
which the organization is organized.
(c) (1) A city, county, or city and county may adopt an ordinance
in substantially the following form to authorize remote caller bingo
in accordance with the requirements of subdivision (b):
Sec. _.01. Legislative Authorization.
This chapter is adopted pursuant to Section 19 of Article IV of
the California Constitution, as implemented by Sections 326.3 and
326.4 of the Penal Code.
Sec. _.02. Remote Caller Bingo Authorized.
Remote Caller Bingo may be lawfully played in the City,
County, or City and County] pursuant to the provisions of Sections
326.3 and 326.4 of the Penal Code, and this chapter, and not
otherwise.
Sec. _.03. Qualified Applicants: Applicants for Licensure.
(a) The following organizations are qualified to apply to the
License Official for a license to operate a bingo game if the
receipts of those games are used only for charitable purposes:
(1) An organization exempt from the payment of the taxes imposed
under the Corporation Tax Law by Section 23701a, 23701b, 23701d,
23701e, 23701f, 23701g, 23701k, 23701 l , or 23701w of the
Revenue and Taxation Code.
(2) A mobile home park association of a mobile home park that is
situated in the City, County, or City and County].
(3) Senior citizen organizations.
(4) Charitable organizations affiliated with a school district.
(b) The application shall be in a form prescribed by the License
Official and shall be accompanied by a nonrefundable filing fee in an
amount determined by resolution of the Governing Body of the City,
County, or City and County] from time to time. The following
documentation shall be attached to the application, as applicable:
(1) A certificate issued by the Franchise Tax Board certifying
that the applicant is exempt from the payment of the taxes imposed
under the Corporation Tax Law pursuant to Section 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, 23701k, 23701 l , or
23701w of the Revenue and Taxation Code. In lieu of a certificate
issued by the Franchise Tax Board, the License Official may refer to
the Franchise Tax Board's Internet Web site to verify that the
applicant is exempt from the payment of the taxes imposed under the
Corporation Tax Law.
(2) Other evidence as the License Official determines is necessary
to verify that the applicant is a duly organized mobile home park
association of a mobile home park situated in the City, County, or
City and County].
Sec. _.04. License Application: Verification.
The license shall not be issued until the License Official has
verified the facts stated in the application and determined that the
applicant is qualified.
Sec. _.05. Annual Licenses.
A license issued pursuant to this chapter shall be valid until the
end of the calendar year, at which time the license shall expire. A
new license shall only be obtained upon filing a new application and
payment of the license fee. The fact that a license has been issued
to an applicant creates no vested right on the part of the licensee
to continue to offer bingo for play. The Governing Body of the City,
County, or City and County] expressly reserves the right to amend or
repeal this chapter at any time by resolution. If this chapter is
repealed, all licenses issued pursuant to this chapter shall cease to
be effective for any purpose on the effective date of the repealing
resolution.
Sec. _.06. Conditions of Licensure.
(a) Any license issued pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal
Code, and each licensee shall comply with the requirements of those
provisions.
(b) Each license issued pursuant to this chapter shall be subject
to the following additional conditions:
(1) Bingo games shall not be conducted by any licensee on more
than two days during any week, except that a licensee may hold one
additional game, at its election, in each calendar quarter.
(2) The licensed organization is responsible for ensuring that the
conditions of this chapter and Sections 326.3 and 326.4 of the Penal
Code are complied with by the organization and its officers and
members. A violation of any one or more of those conditions or
provisions shall constitute cause for the revocation of the
organization's license. At the request of the organization, the
Governing Body of the City, County, or City and County] shall hold a
public hearing before revoking any license issued pursuant to this
chapter.
(2) Nothing in this section shall require a city, county, or city
and county to use this model ordinance in order to authorize remote
caller bingo.
(d) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any remote caller bingo game, provided that
administrative, managerial, technical, financial, and security
personnel employed by the organization conducting the bingo game may
be paid reasonable fees for services rendered from the revenues of
bingo games, as provided in subdivision (m), except that fees paid
under those agreements shall not be determined as a percentage of
receipts or other revenues from, or be dependant on the outcome of,
the game.
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine shall be
deposited in the general fund of the city, county, or city and county
that enacted the ordinance authorizing the remote caller bingo game.
A violation of any provision of this section, other than subdivision
(d), is a misdemeanor.
(f) The city, county, or city and county that enacted the
ordinance authorizing the remote caller bingo game, or the Attorney
General, may bring an action to enjoin a violation of this section.
(g) No minors shall be allowed to participate in any remote caller
bingo game.
(h) A remote caller bingo game shall not include any site that is
not located within this state.
(i) An organization authorized to conduct a remote caller bingo
game pursuant to subdivision (b) shall conduct the game only on
property that is owned or leased by the organization, or the use of
which is donated to the organization. Nothing in this subdivision
shall be construed to require that the property that is owned or
leased by, or the use of which is donated to, the organization be
used or leased exclusively by, or donated exclusively to, that
organization.
(j) (1) All remote caller bingo games shall be open to the public,
not just to the members of the authorized organization.
(2) No more than 750 players may participate in a remote caller
bingo game in a single location.
(3) If the Governor or the President of the United States declares
a state of emergency in response to a natural disaster or other
public catastrophe occurring in California, an organization
authorized to conduct remote caller bingo games may, while that
declaration is in effect, conduct a remote caller bingo game pursuant
to this section with more than 750 participants in a single venue if
the net proceeds of the game, after deduction of prizes and overhead
expenses, are donated to or expended exclusively for the relief of
the victims of the disaster or catastrophe, and the organization
gives the California Gambling Control Commission at least 10 days'
written notice of the intent to conduct that game.
(4) An organization authorized to conduct remote caller bingo
games shall provide the commission with at least 30 days' advance
written notice of its intent to conduct a remote caller bingo game.
That notice shall include all of
the following:
(A) The legal name of the organization and the address of record
of the agent upon whom legal notice may be served.
(B) The locations of the caller and remote players, whether the
property is owned by the organization or donated, and if donated, by
whom.
(C) The name of the licensed caller and site manager.
(D) The names of administrative, managerial, technical, financial,
and security personnel employed.
(E) The name of the vendor and any person or entity maintaining
the equipment used to operate and transmit the game.
(F) The name of the person designated as having a fiduciary
responsibility for the game pursuant to paragraph (2) of subdivision
(k).
(G) The license numbers of all persons specified in subparagraphs
(A) to (F), inclusive, who are required to be licensed.
(H) A copy of the local ordinance for any city, county, or city
and county in which the game will be played. The commission shall
post the ordinance on its Internet Web site.
(k) (1) A remote caller bingo game shall be operated and staffed
only by members of the authorized organization that organized it.
Those members shall not receive a profit, wage, or salary from any
remote caller bingo game. Only the organization authorized to conduct
a remote caller bingo game shall operate that game, or participate
in the promotion, supervision, or any other phase of a remote caller
bingo game. Subject to the provisions of subdivision (m), this
subdivision shall not preclude the employment of administrative,
managerial, technical, financial, or security personnel who are not
members of the authorized organization at a location participating in
the remote caller bingo game by the organization conducting the
game. Notwithstanding any other provision of law, exclusive or other
agreements between the authorized organization and other entities or
persons to provide services in the administration, management, or
conduct of the game shall not be considered a violation of the
prohibition against holding a legally cognizable financial interest
in the conduct of the remote caller bingo game by persons or entities
other than the charitable organization, or other entity authorized
to conduct the remote caller bingo games, provided that those persons
or entities obtain the gambling licenses, the key employee licenses,
or the work permits required by, and otherwise comply with, Chapter
5 (commencing with Section 19800) of Division 8 of the Business and
Professions Code. Fees to be paid under any such agreements shall be
reasonable and shall not be determined as a percentage of receipts or
other revenues from, or be dependent on the outcome of, the game.
(2) An organization that conducts a remote caller bingo game shall
designate a person as having fiduciary responsibility for the game.
(l) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct or participate
in a remote caller bingo game, shall hold a legally cognizable
financial interest in the conduct of such a game.
(m) An organization authorized to conduct a remote caller bingo
game pursuant to this section shall not have overhead costs exceeding
20 percent of gross sales, except that the limitations of this
section shall not apply to one-time, nonrecurring capital
acquisitions. For purposes of this subdivision, "overhead costs"
includes, but is not limited to, amounts paid for rent and equipment
leasing and the reasonable fees authorized to be paid to
administrative, managerial, technical, financial, and security
personnel employed by the organization pursuant to subdivision (d).
For the purpose of keeping its overhead costs below 20 percent of
gross sales, an authorized organization may elect to deduct all or a
portion of the fees paid to financial institutions for the use and
processing of credit card sales from the amount of gross revenues
awarded for prizes. In that case, the redirected fees for the use and
processing of credit card sales shall not be included in "overhead
costs" as defined in the California Remote Caller Bingo Act.
Additionally, fees paid to financial institutions for the use and
processing of credit card sales shall not be deducted from the
proceeds retained by the charitable organization.
(n) No person shall be allowed to participate in a remote caller
bingo game unless the person is physically present at the time and
place where the remote caller bingo game is being conducted. A person
shall be deemed to be physically present at the place where the
remote caller bingo game is being conducted if he or she is present
at any of the locations participating in the remote caller bingo game
in accordance with this section.
(o) (1) An organization shall not cosponsor a remote caller bingo
game with one or more other organizations unless one of the following
is true:
(A) All of the cosponsors are affiliated under the master charter
or articles and bylaws of a single organization.
(B) All of the cosponsors are affiliated through an organization
described in paragraph (1) of subdivision (b), and have the same
Internal Revenue Service activity code.
(2) Notwithstanding paragraph (1), a maximum of 10 unaffiliated
organizations described in paragraph (1) of subdivision (b) may enter
into an agreement to cosponsor a remote caller game, provided that
the game shall have not more than 10 locations.
(3) An organization shall not conduct remote caller bingo more
than two days per week.
(4) Before sponsoring or operating any game authorized under
paragraph (1) or (2), each of the cosponsoring organizations shall
have entered into a written agreement, a copy of which shall be
provided to the commission, setting forth how the expenses and
proceeds of the game are to be allocated among the participating
organizations, the bank accounts into which all receipts are to be
deposited and from which all prizes are to be paid, and how game
records are to be maintained and subjected to annual audit.
(p) The value of prizes awarded during the conduct of any remote
caller bingo game shall not exceed 37 percent of the gross receipts
for that game. When an authorized organization elects to deduct fees
paid for the use and processing of credit card sales from the amount
of gross revenues for that game awarded for prizes, the maximum
amount of gross revenues that may be awarded for prizes shall not
exceed 37 percent of the gross receipts for that game, less the
amount of redirected fees paid for the use and processing of credit
card sales. Every remote caller bingo game shall be played until a
winner is declared. Progressive prizes are prohibited. The declared
winner of a remote caller bingo game shall provide his or her
identifying information and a mailing address to the onsite manager
of the remote caller bingo game. Prizes shall be paid only by check;
no cash prizes shall be paid. The organization conducting the remote
caller bingo game may issue a check to the winner at the time of the
game, or may send a check to the declared winner by United States
Postal Service certified mail, return receipt requested. All prize
money exceeding state and federal exemption limits on prize money
shall be subject to income tax reporting and withholding requirements
under applicable state and federal laws and regulations and those
reports and withholding shall be forwarded, within 10 business days,
to the appropriate state or federal agency on behalf of the winner. A
report shall accompany the amount withheld identifying the person on
whose behalf the money is being sent. Any game interrupted by a
transmission failure, electrical outage, or act of God shall be
considered void in the location that was affected. A refund for a
canceled game or games shall be provided to the purchasers.
(q) (1) The California Gambling Control Commission shall regulate
remote caller bingo, including, but not limited to, licensure and
operation. The commission shall establish reasonable criteria
regulating, and shall require the licensure of, the following:
(A) Any person who conducts a remote caller bingo game pursuant to
this section, including, but not limited to, an employee, a person
having fiduciary responsibility for a remote caller bingo game, a
site manager, and a bingo caller.
(B) Any person who directly or indirectly manufactures,
distributes, supplies, vends, leases, or otherwise provides supplies,
devices, services, or other equipment designed for use in the
playing of a remote caller bingo game by any nonprofit organization.
(C) Beginning January 31, 2009, or a later date as may be
established by the commission, all persons described in subparagraph
(A) or (B) may submit to the commission a letter of intent to submit
an application for licensure. The letter shall clearly identify the
principal applicant, all categories under which the application will
be filed, and the names of all those particular individuals who are
applying. Each charitable organization shall provide an estimate of
the frequency with which it plans to conduct remote caller bingo
operations, including the number of locations. The letter of intent
may be withdrawn or updated at any time.
(2) (A) The Department of Justice shall conduct background
investigations and conduct field enforcement as it relates to remote
caller bingo consistent with the Gambling Control Act (Chapter 5
(commencing with Section 19800) of Division 8 of the Business and
Professions Code) and as specified in regulations promulgated by the
commission.
(B) Fees to cover background investigation costs shall be paid and
accounted for in accordance with Section 19867 of the Business and
Professions Code.
(3) (A) Every application for a license or approval shall be
submitted to the department and accompanied by a nonrefundable fee,
the amount of which shall be adopted by the commission by regulation.
(B) Fees and revenue collected pursuant to this paragraph shall be
deposited in the California Bingo Fund, which is hereby created in
the State Treasury. The funds deposited in the California Bingo Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the commission and the department exclusively for the
support of the commission and department in carrying out their duties
and responsibilities under this section and Section 326.5.
(C) A loan is hereby authorized from the Gambling Control Fund to
the California Bingo Fund on or after January 1, 2009, in an amount
of up to five hundred thousand dollars ($500,000) to fund operating,
personnel, and other startup costs incurred by the commission and the
department relating to this section. Funds from the California Bingo
Fund shall be available to the commission and the department upon
appropriation by the Legislature in the annual Budget Act. The loan
shall be subject to all of the following conditions:
(i) The loan shall be repaid to the Gambling Control Fund as soon
as there is sufficient money in the California Bingo Fund to repay
the amount loaned, but no later than five years after the date of the
loan.
(ii) Interest on the loan shall be paid from the California Bingo
Fund at the rate accruing to moneys in the Pooled Money Investment
Account.
(iii) The terms and conditions of the loan are approved, prior to
the transfer of funds, by the Department of Finance pursuant to
appropriate fiscal standards.
The commission may assess and the department may collect
reasonable fees and deposits as necessary to defray the costs of
regulation and oversight.
(r) The administrative, managerial, technical, financial, and
security personnel employed by an organization that conducts remote
caller bingo games shall apply for, obtain, and thereafter maintain
valid work permits, as defined in Section 19805 of the Business and
Professions Code.
(s) An organization that conducts remote caller bingo games shall
retain records in connection with the remote caller bingo game for
five years.
(t) (1) All equipment used for remote caller bingo shall be
approved in advance by the California Gambling Control Commission
pursuant to regulations adopted pursuant to subdivision (r) of
Section 19841 of the Business and Professions Code.
(2) The California Gambling Control Commission shall monitor
operation of the transmission and other equipment used for remote
caller bingo, and monitor the game.
(u) (1) As used in this section, "remote caller bingo game" means
a game of bingo, as defined in subdivision (o) of Section 326.5, in
which the numbers or symbols on randomly drawn plastic balls are
announced by a natural person present at the site at which the live
game is conducted, and the organization conducting the bingo game
uses audio and video technology to link any of its in-state
facilities for the purpose of transmitting the remote calling of a
live bingo game from a single location to multiple locations owned,
leased, or rented by that organization, or as described in
subdivision (o) of this section. The audio or video technology used
to link the facilities may include cable, Internet, satellite,
broadband, or telephone technology, or any other means of electronic
transmission that ensures the secure, accurate, and simultaneous
transmission of the announcement of numbers or symbols in the game
from the location at which the game is called by a natural person to
the remote location or locations at which players may participate in
the game. The drawing of each ball bearing a number or symbol by the
natural person calling the game shall be visible to all players as
the ball is drawn, including through a simultaneous live video feed
at remote locations at which players may participate in the game.
(2) The caller in the live game must be licensed by the California
Gambling Control Commission. A game may be called by a nonlicensed
caller if the drawing of balls and calling of numbers or symbols by
that person is observed and personally supervised by a licensed
caller.
(3) Remote caller bingo games shall be played using traditional
paper or other tangible bingo cards and daubers, and shall not be
played by using electronic devices, except card-minding devices, as
described in paragraph (1) of subdivision (p) of Section 326.5.
(4) Prior to conducting a remote caller bingo game, the
organization that conducts remote caller bingo shall submit to the
commission the controls, methodology, and standards of game play,
which shall include, but not be limited to, the equipment used to
select bingo numbers and create or originate cards, control or
maintenance, distribution to participating locations, and
distribution to players. Those controls, methodologies, and standards
shall be subject to prior approval by the department, provided that
the controls shall be deemed approved by the department after 90 days
from the date of submission unless disapproved.
(v) A location shall not be eligible to participate in a remote
caller bingo game if bingo games are conducted at that location in
violation of Section 326.5 or any regulation adopted by the
commission pursuant to Section 19841 of the Business and Professions
Code, including, but not limited to, a location at which unlawful
electronic devices are used.
(w) (1) The vendor of the equipment used in a remote caller bingo
game shall have its books and records audited at least annually by an
independent California certified public accountant and shall submit
the results of that audit to the department within 120 days after the
close of the vendor's fiscal year. In addition, the department may
audit the books and records of the vendor at any time.
(2) An authorized organization that conducts remote caller bingo
games shall provide copies of the records pertaining to those games
to the Department of Justice within 30 days after the end of each
calendar quarter. In addition, those records shall be audited by an
independent California certified public accountant at least annually
and copies of the audit reports shall be provided to the department
within 120 days after the close of the organization's fiscal year.
The audit report shall account for the annual amount of fees paid to
financial institutions for the use and processing of credit card
sales by the authorized organization and the amount of fees for the
use and processing of credit card sales redirected from "overhead
costs" and deducted from the amount of gross revenues awarded for
prizes.
(3) The costs of the licensing and audits required by this section
shall be borne by the person or entity required to be licensed or
audited. The audit shall enumerate the receipts for remote caller
bingo, the prizes disbursed, the overhead costs, and the amount
retained by the nonprofit organization. The department may audit the
books and records of an organization that conducts remote caller
bingo games at any time.
(4) If, during an audit, the department identifies practices in
violation of this section, the license for the audited entity may be
suspended pending review and hearing before the commission for a
final determination.
(5) No audit required to be conducted by the department shall
commence before January 1, 2010.
(x) (1) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
(2) Notwithstanding paragraph (1), if paragraph (1) or (3) of
subdivision (u), or the application of either of those provisions, is
held invalid, this entire section shall be invalid.
(y) The commission shall submit a report to the Legislature, on or
before January 1, 2012, on the fundraising effectiveness and
regulation of remote caller bingo, and other matters that are
relevant to the public interest regarding remote caller bingo.
(z) The following definitions apply for purposes of this section:
(1) "Commission" means the California Gambling Control Commission.
(2) "Department" means the Department of Justice.
(3) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.
SEC. 452. Section 326.5 of the Penal Code is
amended to read:
326.5. (a) Neither the prohibition on gambling in this chapter
nor in Chapter 10 (commencing with Section 330) applies to any bingo
game that is conducted in a city, county, or city and county pursuant
to an ordinance enacted under Section 19 of Article IV of the
California Constitution, if the ordinance allows games to be
conducted only in accordance with this section and only by
organizations exempted from the payment of the bank and corporation
tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g,
23701k, 23701w, and 23701 l of the Revenue and
Taxation Code and by mobilehome park associations, senior citizens
organizations, and charitable organizations affiliated with a school
district; and if the receipts of those games are used only for
charitable purposes.
(b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed by
the organization conducting the bingo game may be paid from the
revenues of bingo games, as provided in subdivisions (j) and (k).
(c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is deposited
in the general fund of the city, county, or city and county that
enacted the ordinance authorizing the bingo game. A violation of any
provision of this section, other than subdivision (b), is a
misdemeanor.
(d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin a
violation of this section.
(e) No minors shall be allowed to participate in any bingo game.
(f) An organization authorized to conduct bingo games pursuant to
subdivision (a) shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization,
and which property is used by that organization for an office or for
performance of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require that the
property owned or leased by, or whose use is donated to, the
organization be used or leased exclusively by, or donated exclusively
to, that organization.
(g) All bingo games shall be open to the public, not just to the
members of the authorized organization.
(h) A bingo game shall be operated and staffed only by members of
the authorized organization that organized it. Those members shall
not receive a profit, wage, or salary from any bingo game. Only the
organization authorized to conduct a bingo game shall operate such a
game, or participate in the promotion, supervision, or any other
phase of a bingo game. This subdivision does not preclude the
employment of security personnel who are not members of the
authorized organization at a bingo game by the organization
conducting the game.
(i) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct a bingo game,
shall hold a financial interest in the conduct of a bingo game.
(j) With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the Revenue and Taxation
Code, all profits derived from a bingo game shall be kept in a
special fund or account and shall not be commingled with any other
fund or account. Those profits shall be used only for charitable
purposes.
(k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:
(1) The proceeds may be used for prizes.
(2) (A) Except as provided in subparagraph (B), a portion of the
proceeds, not to exceed 20 percent of the proceeds before the
deduction for prizes, or two thousand dollars ($2,000) per month,
whichever is less, may be used for the rental of property and for
overhead, including the purchase of bingo equipment, administrative
expenses, security equipment, and security personnel.
(B) For the purposes of bingo games conducted by the Lake Elsinore
Elks Lodge, a portion of the proceeds, not to exceed 20 percent of
the proceeds before the deduction for prizes, or three thousand
dollars ($3,000) per month, whichever is less, may be used for the
rental of property and for overhead, including the purchase of bingo
equipment, administrative expenses, security equipment, and security
personnel. Any amount of the proceeds that is additional to that
permitted under subparagraph (A), up to one thousand dollars
($1,000), shall be used for the purpose of financing the rebuilding
of the facility and the replacement of equipment that was destroyed
by fire in 2007. The exception to subparagraph (A) that is provided
by this subparagraph shall remain in effect only until the cost of
rebuilding the facility is repaid, or January 1, 2019, whichever
occurs first.
(3) The proceeds may be used to pay license fees.
(4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable purposes
not relating to the conducting of bingo games and that the balance
shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount of
proceeds used for rental of property, overhead, and administrative
expenses is subject to the limitations specified in paragraph (2).
(l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.
(2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public safety
costs incurred by the city, county, or city and county that are
directly related to bingo activities may be imposed and shall be
collected monthly by the city, county, or city and county issuing the
license; however, the fee shall not exceed the actual costs incurred
in providing the service.
(m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.
(n) The total value of prizes available to be awarded during the
conduct of any bingo games shall not exceed five hundred dollars
($500) in cash or kind, or both, for each separate game which is
held.
(o) As used in this section, "bingo" means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols that are marked or covered by the player on a tangible card
in the player's possession and that conform to numbers or symbols,
selected at random and announced by a live caller. Notwithstanding
Section 330c, as used in this section, the game of bingo includes
tangible cards having numbers or symbols that are concealed and
preprinted in a manner providing for distribution of prizes.
Electronics or video displays shall not be used in connection with
the game of bingo, except in connection with the caller's drawing of
numbers or symbols and the public display of that drawing, and except
as provided in subdivision (p). The winning cards shall not be known
prior to the game by any person participating in the playing or
operation of the bingo game. All preprinted cards shall bear the
legend, "for sale or use only in a bingo game authorized under
California law and pursuant to local ordinance." Only a covered or
marked tangible card possessed by a player and presented to an
attendant may be used
to claim a prize. It is the intention of the Legislature that bingo
as defined in this subdivision applies exclusively to this section
and shall not be applied in the construction or enforcement of any
other provision of law.
(p) (1) Players who are physically present at a bingo game may use
hand-held, portable card-minding devices, as described in this
subdivision, to assist in monitoring the numbers or symbols announced
by a live caller as those numbers or symbols are called in a live
game. Card-minding devices may not be used in connection with any
game where a bingo card may be sold or distributed after the start of
the ball draw for that game. A card-minding device shall do all of
the following:
(A) Be capable of storing in the memory of the device bingo faces
of tangible cards purchased by a player.
(B) Provide a means for bingo players to input manually each
individual number or symbol announced by a live caller.
(C) Compare the numbers or symbols entered by the player to the
bingo faces previously stored in the memory of the device.
(D) Identify winning bingo patterns that exist on the stored bingo
faces.
(2) A card-minding device shall perform no functions involving the
play of the game other than those described in paragraph (1).
Card-minding devices shall not do any of the following:
(A) Be capable of accepting or dispensing any coins, currency, or
other representative of value or on which value has been encoded.
(B) Be capable of monitoring any bingo card face other than the
faces of the tangible bingo card or cards purchased by the player for
that game.
(C) Display or represent the game result through any means,
including, but not limited to, video or mechanical reels or other
slot machine or casino game themes, other than highlighting the
winning numbers or symbols marked or covered on the tangible bingo
cards or giving an audio alert that the player's card has a
prize-winning pattern.
(D) Determine the outcome of any game or be physically or
electronically connected to any component that determines the outcome
of a game or to any other bingo equipment, including, but not
limited to, the ball call station, or to any other card-minding
device. No other player-operated or player-activated electronic or
electromechanical device or equipment is permitted to be used in
connection with a bingo game.
(3) (A) A card-minding device shall be approved in advance by the
department as meeting the requirements of this section and any
additional requirements stated in regulations adopted by the
commission. Any proposed material change to the device, including any
change to the software used by the device, shall be submitted to the
department and approved by the department prior to implementation.
(B) In accordance with Chapter 5 (commencing with Section 19800)
of Division 8 of the Business and Professions Code, the commission
shall establish reasonable criteria for, and require the licensure
of, any person that directly or indirectly manufactures, distributes,
supplies, vends, leases, or otherwise provides card-minding devices
or other supplies, equipment, or services related to card-minding
devices designed for use in the playing of bingo games by any
nonprofit organization.
(C) A person or entity that supplies or services any card-minding
device shall meet all licensing requirements established by the
commission in regulations.
(4) The costs of any testing, certification, license, or
determination required by this subdivision shall be borne by the
person or entity seeking it.
(5) On and after January 1, 2010, the Department of Justice may
inspect all card-minding devices at any time without notice, and may
immediately prohibit the use of any device that does not comply with
the requirements of subdivision (r) of Section 19841 of the Business
and Professions Code. The Department of Justice may at any time,
without notice, impound any device the use of which has been
prohibited by the commission.
(6) The California Gambling Control Commission shall issue
regulations to implement the requirements of this subdivision and may
issue regulations regarding the means by which the operator of a
bingo game, as required by applicable law, may offer assistance to a
player with disabilities in order to enable that player to
participate in a bingo game, provided that the means of providing
that assistance shall not be through any electronic,
electromechanical, or other device or equipment that accepts the
insertion of any coin, currency, token, credit card, or other means
of transmitting value, and does not constitute or is not a part of a
system that constitutes a video lottery terminal, slot machine, or
device prohibited by Chapter 10 (commencing with Section 330).
(7) The following definitions apply for purposes of this
subdivision:
(A) "Commission" means the California Gambling Control Commission.
(B) "Department" means the Department of Justice.
(C) "Person" includes a natural person, corporation, limited
liability company, partnership, trust, joint venture, association, or
any other business organization.
SEC. 453. SEC. 407. Section 830.3 of
the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
These peace officers may carry firearms only if authorized and under
those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be the enforcement of the
law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Care
Services, Public Health, Social Services, Mental Health, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, the
Office of Statewide Health Planning and Development, and the Public
Employees' Retirement System, provided that the primary duty of these
peace officers shall be the enforcement of the law relating to the
duties of his or her department or office. Notwithstanding any other
provision of law, investigators of the Public Employees' Retirement
System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be the
enforcement of Section 550.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these investigators shall be the enforcement of
the provisions of law administered by the Department of Business
Oversight. Notwithstanding any other provision of law, the peace
officers designated pursuant to this subdivision shall not carry
firearms.
(m) Persons employed by the Contractors State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The Chief and coordinators of the Law Enforcement Branch of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural Code,
provided that the primary duty of those peace officers shall be the
enforcement of the law as that duty is set forth in Section 4108 of
the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board,
provided that the primary duty of these peace officers shall be the
enforcement of the law as set forth in Chapter 9 (commencing with
Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation
Code.
(t) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health Care,
provided that the primary duty of these investigators shall be the
enforcement of the provisions of laws administered by the Director of
the Department of Managed Health Care. Notwithstanding any other
provision of law, the peace officers designated pursuant to this
subdivision shall not carry firearms.
(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, provided that the primary duty
of each of those persons shall be the enforcement of the law relating
to the duties of his or her department or office.
SEC. 454. SEC. 408. Section 830.11
of the Penal Code is amended to read:
830.11. (a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to serve warrants as specified in Sections
1523 and 1530 during the course and within the scope of their
employment, if they receive a course in the exercise of those powers
pursuant to Section 832. The authority and powers of the persons
designated under this section shall extend to any place in the state:
(1) Persons employed by the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided that
the primary duty of these persons shall be the enforcement of, and
investigations relating to, the provisions of law administered by the
Commissioner of Business Oversight.
(2) Persons employed by the Bureau of Real Estate designated by
the Real Estate Commissioner, provided that the primary duty of these
persons shall be the enforcement of the laws set forth in Part 1
(commencing with Section 10000) and Part 2 (commencing with Section
11000) of Division 4 of the Business and Professions Code. The Real
Estate Commissioner may designate persons under this section, who at
the time of their designation, are assigned to the Special
Investigations Unit, internally known as the Crisis Response Team.
(3) Persons employed by the State Lands Commission designated by
the executive officer, provided that the primary duty of these
persons shall be the enforcement of the law relating to the duties of
the State Lands Commission.
(4) Persons employed as investigators of the Investigations Bureau
of the Department of Insurance, who are designated by the Chief of
the Investigations Bureau, provided that the primary duty of these
persons shall be the enforcement of the Insurance Code and other laws
relating to persons and businesses, licensed and unlicensed by the
Department of Insurance, who are engaged in the business of
insurance.
(5) Persons employed as investigators and investigator supervisors
of the Consumer Services Division or the Rail Safety and Carrier
Division of the Public Utilities Commission who are designated by the
commission's executive director and approved by the commission,
provided that the primary duty of these persons shall be the
enforcement of the law as that duty is set forth in Section 308.5 of
the Public Utilities Code.
(6) (A) Persons employed by the State Board of Equalization,
Investigations Division, who are designated by the board's executive
director, provided that the primary duty of these persons shall be
the enforcement of laws administered by the State Board of
Equalization.
(B) Persons designated pursuant to this paragraph are not entitled
to peace officer retirement benefits.
(7) Persons employed by the Department of Food and Agriculture and
designated by the Secretary of Food and Agriculture as
investigators, investigator supervisors, and investigator managers,
provided that the primary duty of these persons shall be enforcement
of, and investigations relating to, the Food and Agricultural Code or
Division 5 (commencing with Section 12001) of the Business and
Professions Code.
(8) The Inspector General and those employees of the Office of the
Inspector General as designated by the Inspector General, provided
that the primary duty of those persons shall be the enforcement of
the law relating to the duties of the Office of the Inspector
General.
(b) Notwithstanding any other provision of law, persons designated
pursuant to this section may not carry firearms.
(c) Persons designated pursuant to this section shall be included
as "peace officers of the state" under paragraph (2) of subdivision
(c) of Section 11105 for the purpose of receiving state summary
criminal history information and shall be furnished that information
on the same basis as peace officers of the state designated in
paragraph (2) of subdivision (c) of Section 11105.
SEC. 455. SEC. 409. Section 999c of
the Penal Code is amended to read:
999c. (a) There is hereby established in the Office of Emergency
Services a program of financial and technical assistance for district
attorneys' offices, designated the California Career Criminal
Prosecution Program. All funds appropriated to the office for the
purposes of this chapter shall be administered and disbursed by the
Director of Emergency Services, and shall to the greatest extent
feasible be coordinated or consolidated with federal funds that may
be made available for these purposes.
(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which career criminal prosecution
units are established in substantial compliance with the policies and
criteria set forth below in Sections 999d, 999e, 999f, and 999g.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.
SEC. 456. SEC. 410. Section 999j of
the Penal Code is amended to read:
999j. (a) There is hereby established in the Office of Emergency
Services a program of financial and technical assistance for district
attorneys' offices, designated the Repeat Sexual Offender
Prosecution Program. All funds appropriated to the office for the
purposes of this chapter shall be administered and disbursed by the
Director of Emergency Services, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The Office of Emergency Services shall establish guidelines for
the provision of grant awards to proposed and existing programs prior
to the allocation of funds under this chapter. These guidelines
shall contain the criteria for the selection of agencies to receive
funding, as developed in consultation with an advisory group to be
known as the Repeat Sexual Offender Prosecution Program Steering
Committee. The membership of the steering committee shall be
designated by the secretary of the office.
A draft of the guidelines shall be developed and submitted to the
Chairpersons of the Assembly Criminal Law and Public Safety Committee
and the Senate Judiciary Committee within 60 days of the effective
date of this chapter and issued within 90 days of the same effective
date. These guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to offer grants
pursuant to statutory authority. The guidelines shall not constitute
rules, regulations, orders, or standards of general application.
(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which repeat sexual offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999k, 999 l , and 999m.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Repeat Sexual Offender Prosecution Program, be made
available to support the prosecution of repeat sexual offender felony
cases. Local grant awards made under this program shall not be
subject to review as specified in Section 14780 of the Government
Code.
SEC. 457. SEC. 411. Section 999k of
the Penal Code is amended to read:
999k. Repeat sexual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 999 l . Enhanced prosecution efforts and
resources shall include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who makes the initial filing or appearance in a repeat sexual
offender case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to repeat sexual offender cases. "Highly qualified" for
the purposes of this chapter shall be defined as: (1) individuals
with one year of experience in the investigation and prosecution of
felonies or specifically the felonies listed in subdivision (a) of
Section 999 l ; or (2) individuals whom the district
attorney has selected to receive training as set forth in Section
13836; or (3) individuals who have attended a program providing
equivalent training as approved by the Office of Emergency Services.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to repeat sexual offender cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
Coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers and victim witness assistance programs.
SEC. 458. SEC. 412. Section 999n of
the Penal Code is amended to read:
999n. (a) The selection criteria set forth in Section 999 l
shall be adhered to for each repeat sexual offender case
unless, in the reasonable exercise of prosecutor's discretion,
extraordinary circumstances require departure from those policies in
order to promote the general purposes and intent of this chapter.
(b) Each district attorney's office establishing a repeat sexual
offender prosecution unit and receiving state support under this
chapter shall submit the following information, on a quarterly basis,
to the Office of Emergency Services:
(1) The number of sexual assault cases referred to the district
attorney's office for possible filing.
(2) The number of sexual assault cases filed for felony
prosecution.
(3) The number of sexual assault cases taken to trial.
(4) The percentage of sexual assault cases tried which resulted in
conviction.
SEC. 459. SEC. 413. Section 999p of
the Penal Code is amended to read:
999p. The Office of Emergency Services is encouraged to utilize
any federal funds which may become available in order to implement
the provisions of this chapter.
SEC. 460. SEC. 414. Section 999r of
the Penal Code is amended to read:
999r. (a) There is hereby established in the Office of Emergency
Services a program of financial and technical assistance for district
attorneys' offices, designated the Child Abuser Prosecution Program.
All funds appropriated to the agency for the purposes of this
chapter shall be administered and disbursed by the executive director
of that agency or agencies, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The Office of Emergency Services shall establish guidelines for
the provision of grant awards to proposed and existing programs prior
to the allocation of funds under this chapter. These guidelines
shall contain the criteria for the selection of agencies to receive
funding and the terms and conditions upon which the agency is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application. The guidelines shall be submitted
to the appropriate policy committees of the Legislature prior to
their adoption.
(b) The Director of Emergency Services is authorized to allocate
and award funds to counties in which child abuser offender
prosecution units are established or are proposed to be established
in substantial compliance with the policies and criteria set forth
below in Sections 999s, 999t, and 999u.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Child Abuser Prosecution Program, be made available to
support the prosecution of child abuser felony cases. Local grant
awards made under this program shall not be subject to review as
specified in Section 14780 of the Government Code.
SEC. 461.
SEC. 415. Section 999s of the Penal Code is
amended to read:
999s. Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999t. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who, or prosecution unit which, makes the initial filing or
appearance in a case performs all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to child abuser cases. "Highly qualified" for the
purposes of this chapter means: (1) individuals with one year of
experience in the investigation and prosecution of felonies or
specifically the felonies listed in subdivision (a) of Section 999
l or 999t; or (2) individuals whom the district attorney
has selected to receive training as set forth in Section 13836; or
(3) individuals who have attended a program providing equivalent
training as approved by the Office of Emergency Services.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to child abuser cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs. That
coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of child abuse and
child sexual abuse programs, local rape victim counseling centers and
victim witness assistance programs.
SEC. 462. SEC. 416. Section 999v of
the Penal Code is amended to read:
999v. (a) The selection criteria set forth in Section 999t shall
be adhered to for each child abuser case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require departure from those policies in order to promote the general
purposes and intent of this chapter.
(b) Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
submit the following information, on a quarterly basis, to the
Office of Emergency Services:
(1) The number of child abuser cases referred to the district
attorney's office for possible filing.
(2) The number of child abuser cases filed for felony prosecution.
(3) The number of sexual assault cases taken to trial.
(4) The number of child abuser cases tried which resulted in
conviction.
SEC. 463. SEC. 417. Section 999x of
the Penal Code is amended to read:
999x. The Office of Emergency Services is encouraged to utilize
any federal funds which may become available in order to implement
the provisions of this chapter.
SEC. 464. SEC. 418. Section 999y of
the Penal Code is amended to read:
999y. The Office of Emergency Services shall report annually to
the Legislature concerning the program established by this chapter.
The office shall prepare and submit to the Legislature on or before
December 15, 2002, and within six months of the completion of
subsequent funding cycles for this program, an evaluation of the
Child Abuser Prosecution Program. This evaluation shall identify
outcome measures to determine the effectiveness of the programs
established under this chapter, which shall include, but not be
limited to, both of the following, to the extent that data is
available:
(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting child
abuse crimes in nonfunded counties.
SEC. 465. Section 1174.2 of the Penal Code is
amended to read:
1174.2. (a) Notwithstanding any other law, the unencumbered
balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990
shall revert to the unappropriated surplus of the 1990 Prison
Construction Fund. The sum of fifteen million dollars ($15,000,000)
is hereby appropriated to the Department of Corrections from the 1990
Prison Construction Fund for site acquisition, site studies,
environmental studies, master planning, architectural programming,
schematics, preliminary plans, working drawings, construction, and
long lead and equipment items for the purpose of constructing
facilities for pregnant and parenting women's alternative sentencing
programs. These funds shall not be expended for any operating costs,
including those costs reimbursed by the department pursuant to
subdivision (c) of Section 1174.3. Funds not expended pursuant to
this chapter shall be used for planning, construction, renovation, or
remodeling by, or under the supervision of, the Department of
Corrections and Rehabilitation, of community-based facilities for
programs designed to reduce drug use and recidivism, including, but
not limited to, restitution centers, facilities for the incarceration
and rehabilitation of drug offenders, multipurpose correctional
centers, and centers for intensive programs for parolees. These funds
shall not be expended until legislation authorizing the
establishment of these programs is enacted. If the Legislature finds
that the Department of Corrections and Rehabilitation has made a good
faith effort to site community-based facilities, but funds
designated for these community-based facilities are unexpended as of
January 1, 1998, the Legislature may appropriate these funds for
other Level I housing.
(b) The Department of Corrections and Rehabilitation shall
purchase, design, construct, and renovate facilities in counties or
multicounty areas with a population of more than 450,000 people
pursuant to this chapter. The department shall target for selection,
among other counties, Los Angeles County, San Diego County, and a bay
area, central valley, and an inland empire county as determined by
the Secretary of the Department of Corrections and Rehabilitation.
The department, in consultation with the State Department of Alcohol
and Drug Programs, shall design core alcohol and drug treatment
programs, with specific requirements and standards. Residential
facilities shall be licensed by the State Department of Alcohol and
Drug Programs in accordance with provisions of the Health and Safety
Code governing licensure of alcoholism or drug abuse recovery or
treatment facilities. Residential and nonresidential programs shall
be certified by the State Department of Alcohol and Drug Programs as
meeting its standards for perinatal services. Funds shall be awarded
to selected agency service providers based upon all of the following
criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the Office of Emergency Services, the State Department
of Social Services, the State Department of State Hospitals, or any
county public health department. In addition, the agency shall also
attempt to secure other available funding from all county, state, or
federal sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.
SEC. 466. SEC. 419. Section 1191.21
of the Penal Code is amended to read:
1191.21. (a) (1) The Office of Emergency Services shall develop
and make available a "notification of eligibility" card for victims
and derivative victims of crimes as defined in subdivision (c) of
Section 13960 of the Government Code that includes, but is not
limited to, the following information:
"If you have been the victim of a crime that meets the required
definition, you or others may be eligible to receive payment from the
California State Restitution Fund for losses directly resulting from
the crime. To learn about eligibility and receive an application to
receive payments, call the Victims of Crime Program at (800) 777-9229
or call your local county Victim Witness Assistance Center."
(2) At a minimum, the Office of Emergency Services shall develop a
template available for downloading on its Internet Web site the
information requested in subdivision (b).
(b) In a case involving a crime as defined in subdivision (c) of
Section 13960 of the Government Code, the law enforcement officer
with primary responsibility for investigating the crime committed
against the victim and the district attorney may provide the
"notification of eligibility" card to the victim and derivative
victim of a crime.
(c) The terms "victim" and "derivative victim" shall be given the
same meaning given those terms in Section 13960 of the Government
Code.
SEC. 467. Section 6241 of the Penal Code is
amended to read:
6241. (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.
(1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
(d) Funds shall be awarded to counties based upon the following
policies and criteria:
(1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
(A) Drawing up criteria on which requests for proposals will be
sought.
(B) Selecting proposals to be funded.
(C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
(3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost-effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
Department of Alcohol and Drug Programs, the Office of Emergency
Services, the National Institute of Corrections, the Department of
Justice, and other state and federal sources.
(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county. However,
a participating county may negotiate with the state for use of state
land at nearby corrections facilities or other state facilities,
provided that the locations fit in with the aims of the programs
established by this chapter.
The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
(8) The board also shall seek advice from the Department of
Alcohol and Drug Programs in exercising its responsibilities under
this chapter.
(9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
(10) Area of greatest need can be a factor considered in awarding
contracts to counties.
(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter. Funds
granted to a county may be utilized for construction of more than
one facility.
Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs of its
plan.
SEC. 420. Section 6241 of the Penal
Code , as amended by Assembly Bill 75 of the 2013-14
Regular Session, is amended to read:
6241. (a) The Substance Abuse Community Correctional Detention
Centers Fund is hereby created within the State Treasury. The Board
of Corrections is authorized to provide funds, as appropriated by the
Legislature, for the purpose of establishing substance abuse
community correctional detention centers. These facilities shall be
operated locally in order to manage parole violators, those select
individuals sentenced to state prison for short periods of time, and
other sentenced local offenders with a known history of substance
abuse, and as further defined by this chapter.
(b) The facilities constructed with funds disbursed pursuant to
this chapter in a county shall contain no less than 50 percent of
total beds for use by the Department of Corrections and
Rehabilitation.
(1) Upon agreement, the county and the department may negotiate
any other mix of state and local bed space, providing the state's
proportionate share shall not be less than 50 percent in the portion
of the facilities financed through state funding.
(2) Nothing in this chapter shall prohibit the county from using
county funds or nonrestricted jail bond funds to build and operate
additional facilities in conjunction with the centers provided for in
this chapter.
(c) Thirty million dollars ($30,000,000) in funds shall be
provided from the 1990 Prison Construction Fund and the 1990-B Prison
Construction Fund, with fifteen million dollars ($15,000,000) each
from the June 1990 bond issue and the November 1990 bond issue, for
construction purposes set forth in this chapter, provided that
funding is appropriated in the state budget from the June and
November 1990, prison bond issues for purposes of this chapter.
(d) Funds shall be awarded to counties based upon the following
policies and criteria:
(1) Priority shall be given to urban counties with populations of
450,000 or more, as determined by Department of Finance figures. The
board may allocate up to 10 percent of the funding to smaller
counties or combinations of counties as pilot projects, if it
concludes that proposals meet the requirements of this chapter,
commensurate with the facilities and programming that a smaller
county can provide.
(2) Upon application and submission of proposals by eligible
counties, representatives of the board shall evaluate proposals and
select recipients.
To help ensure that state-of-the-art drug rehabilitation and
related programs are designed, implemented, and updated under this
chapter, the board shall consult with not less than three authorities
recognized nationwide with experience or expertise in the design or
operation of successful programs in order to assist the board in all
of the following:
(A) Drawing up criteria on which requests for proposals will be
sought.
(B) Selecting proposals to be funded.
(C) Assisting the board in evaluation and operational problems of
the programs, if those services are approved by the board.
Funding also shall be sought by the board from the federal
government and private foundation sources in order to defray the
costs of the board's responsibilities under this chapter.
(3) Preference shall be given to counties that can demonstrate a
financial ability and commitment to operate the programs it is
proposing for a period of at least three years and to make
improvements as proposed by the department and the board.
(4) Applicants receiving awards under this chapter shall be
selected from among those deemed appropriate for funding according to
the criteria, policies, and procedures established by the board.
Criteria shall include success records of the types of programs
proposed based on nationwide standards for successful programs, if
available, expertise and hands-on experience of persons who will be
in charge of proposed programs, cost-effectiveness, including cost
per bed, speed of construction, a demonstrated ability to construct
the maximum number of beds which shall result in an overall net
increase in the number of beds in the county for state and local
offenders, comprehensiveness of services, location, participation by
private or community-based organizations, and demonstrated ability to
seek and obtain supplemental funding as required in support of the
overall administration of this facility from sources such as the
State Department of Health Care Services, the California
Emergency Management Agency, Office of Emergency
Services, the National Institute of Corrections, the Department
of Justice, and other state and federal sources.
(5) Funds disbursed under subdivision (c) shall be used for
construction of substance abuse community correctional centers, with
a level of security in each facility commensurate with public safety
for the types of offenders being housed in or utilizing the
facilities.
(6) Funds disbursed under this chapter shall not be used for the
purchase of the site. Sites shall be provided by the county. However,
a participating county may negotiate with the state for use of state
land at nearby corrections facilities or other state facilities,
provided that the locations fit in with the aims of the programs
established by this chapter.
The county shall be responsible for ensuring the siting,
acquisition, design, and construction of the center consistent with
the California Environmental Quality Act pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.
(7) Staff of the department and the board, as well as persons
selected by the board, shall be available to counties for
consultation and technical services in preparation and implementation
of proposals accepted by the board.
(8) The board also shall seek advice from the State Department of
Health Care Services in exercising its responsibilities under this
chapter.
(9) Funds shall be made available to the county and county agency
which is selected to administer the program by the board of
supervisors of that county.
(10) Area of greatest need can be a factor considered in awarding
contracts to counties.
(11) Particular consideration shall be given to counties that can
demonstrate an ability to provide continuing counseling and
programming for offenders in programs established under this chapter,
once the offenders have completed the programs and have returned to
the community.
(12) A county may propose a variety of types and sizes of
facilities to meet the needs of its plan and to provide the services
for varying types of offenders to be served under this chapter. Funds
granted to a county may be utilized for construction of more than
one facility.
Any county wishing to use existing county-owned sites or
facilities may negotiate those arrangements with the Department of
Corrections and the Board of Corrections to meet the needs
of its plan.
SEC. 468. SEC. 421. Section 11160 of
the Penal Code is amended to read:
11160. (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the Office of Emergency Services, or
on a form developed and adopted by another state agency that
otherwise fulfills the requirements of the standard form. The
completed form shall be sent to a local law enforcement agency within
two working days of receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the
following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
(c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
(d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or taser, in violation of Section
244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or
273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.
(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of
Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) Sexual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except
as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
(h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.
SEC. 469. SEC. 422. Section 11160.1
of the Penal Code is amended to read:
11160.1. (a) Any health practitioner employed in any health
facility, clinic, physician's office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs a
forensic medical examination on any person in the custody of law
enforcement from whom evidence is sought in connection with the
commission or investigation of a crime of sexual assault, as
described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on a standard form developed by,
or at the direction of, the Office of Emergency Services, and shall
be immediately provided to the law enforcement agency who has custody
of the individual examined.
(b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of
the Civil Code), the physician-patient privilege pursuant to Article
6 (commencing with Section 990) of Chapter 4 of Division 8 of the
Evidence Code, and the privilege of official information pursuant to
Article 9 (commencing with Section 1040) of Chapter 4 of Division 8
of the Evidence Code.
(c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case, including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may be
released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency or
following the issuance of a lawful court order authorizing the
release of the report.
(d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of being
a person subject to a forensic medical examination as described in
this section shall incur any civil or criminal liability for taking
the photographs, causing the photographs to be taken, or
disseminating the photographs to a law enforcement officer, district
attorney, city attorney, crime laboratory, county licensing agency,
or coroner with the reports required in accordance with this section.
However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the
photographs.
(e) Section 11162 does not apply to this section.
(f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform a
forensic medical examination as part of his or her duties as a health
practitioner.
SEC. 470. SEC. 423. Section 11161.2
of the Penal Code is amended to read:
11161.2. (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
(b) The Office of Emergency Services shall, in cooperation with
the State Department of Public Health, the Department of Aging and
the ombudsman program, the State Department of Social Services, law
enforcement agencies, the Department of Justice, the California
Association of Crime Lab Directors, the California District Attorneys
Association, the California State Sheriffs' Association, the
California Medical Association, the California Police Chiefs'
Association, domestic violence advocates, the California Medical
Training Center, adult protective services, and other appropriate
experts:
(1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
(A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
(B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
(C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.
(D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
(E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
(F) Collection of other medical and forensic specimens, as
indicated.
(G) Procedures for the preservation and disposition of evidence.
(H) Complete documentation of medical forensic exam findings.
(2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
(3) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the Office of Emergency Services advisory committee and
subject to the confidentiality laws pertaining to release of medical
forensic examination records.
(c) The forms shall be made accessible for use on the Internet.
SEC. 471. SEC. 424. Section 11171 of
the Penal Code is amended to read:
11171. (a) (1) The Legislature hereby finds and declares that
adequate protection of victims of child physical abuse or neglect has
been hampered by the lack of consistent and comprehensive medical
examinations.
(2) Enhancing examination procedures, documentation, and evidence
collection relating to child abuse or neglect will improve the
investigation and prosecution of child abuse or neglect as well as
other child protection efforts.
(b) The Office of Emergency Services shall, in cooperation with
the State Department of Social Services, the Department of Justice,
the California Association of Crime Lab Directors, the California
District Attorneys Association, the California State Sheriffs'
Association, the California Peace Officers Association, the
California Medical Association, the California Police Chiefs'
Association, child advocates, the California Medical Training Center,
child protective services, and other appropriate experts, establish
medical forensic forms, instructions, and examination protocols for
victims of child physical abuse or neglect using as a model the form
and guidelines developed pursuant to Section 13823.5.
(c) The forms shall include, but not be limited to, a place for
notation concerning each of the following:
(1) Any notification of injuries or any report of suspected child
physical abuse or neglect to law enforcement authorities or children'
s protective services, in accordance with existing reporting
procedures.
(2) Addressing relevant consent issues, if indicated.
(3) The taking of a patient history of child physical abuse or
neglect that includes other relevant medical history.
(4) The performance of a physical examination for evidence of
child physical abuse or neglect.
(5) The collection or documentation of any physical evidence of
child physical abuse or neglect, including any recommended
photographic procedures.
(6) The collection of other medical or forensic specimens,
including drug ingestion or toxication, as indicated.
(7) Procedures for the preservation and disposition of evidence.
(8) Complete documentation of medical forensic exam findings with
recommendations for diagnostic studies, including blood tests and
X-rays.
(9) An assessment as to whether there are findings that indicate
physical abuse or neglect.
(d) The forms shall become part of the patient's medical record
pursuant to guidelines established by the advisory committee of the
Office of Emergency Services and subject to the confidentiality laws
pertaining to the release of medical forensic examination records.
(e) The forms shall be made accessible for use on the Internet.
SEC. 472. SEC. 425. Section 11174.34
of the Penal Code is amended to read:
11174.34. (a) (1) The purpose of this section shall be to
coordinate and integrate state and local efforts to address fatal
child abuse or neglect, and to create a body of information to
prevent child deaths.
(2) It is the intent of the Legislature that the California State
Child Death Review Council, the Department of Justice, the State
Department of Social Services, the State Department of Health
Services, and state and local child death review teams shall share
data and other information necessary from the Department of Justice
Child Abuse Central Index and Supplemental Homicide File, the State
Department of Health Services Vital Statistics and the Department of
Social Services Child Welfare Services/Case Management System files
to establish accurate information on the nature and extent of child
abuse- or neglect-related fatalities in California as those documents
relate to child fatality cases. Further, it is the intent of the
Legislature to ensure that records of child abuse- or neglect-related
fatalities are entered into the State Department of Social Services,
Child Welfare Services/Case Management System. It is also the intent
that training and technical assistance be provided to child death
review teams and professionals in the child protection system
regarding multiagency case review.
(b) (1) It shall be the duty of the California State Child Death
Review Council to oversee the statewide coordination and integration
of state and local efforts to address fatal child abuse or neglect
and to create a body of information to prevent child deaths. The
Department of Justice, the State Department of Social Services, the
State Department of Health Care Services, the California
Coroner's Association, the County Welfare Directors Association,
Prevent Child Abuse California, the California Homicide Investigators
Association, the Office of Emergency Services, the Inter-Agency
Council on Child Abuse and Neglect/National Center on Child Fatality
Review, the California Conference of Local Health Officers, the
California Conference of Local Directors of Maternal, Child, and
Adolescent Health, the California Conference of Local Health
Department Nursing Directors, the California District Attorneys
Association, and at least three regional representatives, chosen by
the other members of the council, working collaboratively for the
purposes of this section, shall be known as the California State
Child Death Review Council. The council shall select a chairperson or
cochairpersons from the members.
(2) The Department of Justice is hereby authorized to carry out
the purposes of this section by coordinating council activities and
working collaboratively with the agencies and organizations in
paragraph (1), and may consult with other representatives of other
agencies and private organizations, to help accomplish the purpose of
this section.
(c) Meetings of the agencies and organizations involved shall be
convened by a representative of the Department of Justice. All
meetings convened between the Department of Justice and any
organizations required to carry out the purpose of this section shall
take place in this state. There shall be a minimum of four meetings
per calendar year.
(d) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved shall engage in the
following activities:
(1) Analyze and interpret state and local data on child death in
an annual report to be submitted to local child death review teams
with copies to the Governor and the Legislature, no later than July 1
each year. Copies of the report shall also be distributed to public
officials in the state who deal with child abuse issues and to those
agencies responsible for child death investigation in each county.
The report shall contain, but not be limited to, information provided
by state agencies and the county child death review teams for the
preceding year.
The state data shall include the Department of Justice Child Abuse
Central Index and Supplemental Homicide File, the State Department
of Health Services Vital Statistics, and the State Department of
Social Services Child Welfare Services/Case Management System.
(2) In conjunction with the Office of Emergency Services,
coordinate statewide and local training for county death review teams
and the members of the teams, including, but not limited to,
training in the application of the interagency child death
investigation protocols and procedures established under Sections
11166.7 and 11166.8 to identify child deaths associated with abuse or
neglect.
(e) The State Department of Public Health, in collaboration with
the California State Child Death Review Council, shall design, test
and implement a statewide child abuse or neglect fatality tracking
system incorporating information collected by local child death
review teams. The department shall:
(1) Establish a minimum case selection criteria and review
protocols of local child death review teams.
(2) Develop a standard child death review form with a minimum core
set of data elements to be used by local child death review teams,
and collect and analyze that data.
(3) Establish procedural safeguards in order to maintain
appropriate confidentiality and integrity of the data.
(4) Conduct annual reviews to reconcile data reported to the State
Department of Health Services Vital Statistics, Department of
Justice Homicide Files and Child Abuse Central Index, and the State
Department of Social Services Child Welfare Services/Case Management
System data systems, with data provided from local child death review
teams.
(5) Provide technical assistance to local child death review teams
in implementing and maintaining the tracking system.
(6) This subdivision shall become operative on July 1, 2000, and
shall be implemented only to the extent that funds are appropriated
for its purposes in the Budget Act.
(f) Local child death review teams shall participate in a
statewide child abuse or neglect fatalities monitoring system by:
(1) Meeting the minimum standard protocols set forth by the State
Department of Public Health in collaboration with the California
State Child Death Review Council.
(2) Using the standard data form to submit information on child
abuse or neglect fatalities in a timely manner established by the
State Department of Public Health.
(g) The California State Child Death Review Council shall monitor
the implementation of the monitoring system and incorporate the
results and findings of the system and review into an annual report.
(h) The Department of Justice shall direct the creation,
maintenance, updating, and distribution electronically and by paper,
of a statewide child death review team directory, which shall contain
the names of the members of the agencies and private organizations
participating under this section, and the members of local child
death review teams and local liaisons to those teams. The department
shall work in collaboration with members of the California State
Child Death Review Council to develop a directory of professional
experts, resources, and information from relevant agencies and
organizations and local child death review teams, and to facilitate
regional working relationships among teams. The Department of Justice
shall maintain and update these directories annually.
(i) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. The participants shall be
responsible for collecting and compiling information to be included
in the annual report. The Department of Justice shall be responsible
for printing and distributing the annual report using available funds
and existing resources.
(j) The Office of Emergency Services, in coordination with the
State Department of Social Services, the Department of Justice, and
the California State Child Death Review Council shall contract with
state or nationally recognized organizations in the area of child
death review to conduct statewide training and technical assistance
for local child death review teams and relevant organizations,
develop standardized definitions for fatal child abuse or neglect,
develop protocols for the investigation of fatal child abuse or
neglect, and address relevant issues such as grief and mourning, data
collection, training for medical personnel in the identification of
child abuse or neglect fatalities, domestic violence fatality review,
and other related topics and programs. The provisions of this
subdivision shall only be implemented to the extent that the agency
can absorb the costs of implementation within its current funding, or
to the extent that funds are appropriated for its purposes in the
Budget Act.
(k) Law enforcement and child welfare agencies shall cross-report
all cases of child death suspected to be related to child abuse or
neglect whether or not the deceased child has any known surviving
siblings.
( l ) County child welfare agencies shall create a
record in the Child Welfare Services/Case Management System (CWS/CMS)
on all cases of child death suspected to be related to child abuse
or neglect, whether or not the deceased child has any known surviving
siblings. Upon notification that the death was determined not to be
related to child abuse or neglect, the child welfare agency shall
enter that information into the Child Welfare Services/Case
Management System.
SEC. 473. SEC. 426. Section 11501 of
the Penal Code is amended to read:
11501. (a) There is hereby established in the Office of Emergency
Services, a program of financial assistance to provide for statewide
programs of education, training, and research for local public
prosecutors and public defenders. All funds made available to the
office for the purposes of this chapter shall be administered and
distributed by the Director of Emergency Services.
(b) The Director of Emergency Services is authorized to allocate
and award funds to public agencies or private nonprofit organizations
for purposes of establishing statewide programs of education,
training, and research for public prosecutors and public defenders,
which programs meet criteria established pursuant to Section 11502.
SEC. 474. SEC. 427. Section 11502 of
the Penal Code is amended to read:
11502. (a) Criteria for selection of education, training, and
research programs for local public prosecutors and public defenders
shall be developed by the Office of Emergency Services in
consultation with an advisory group entitled the Prosecutors and
Public Defenders Education and Training Advisory Committee.
(b) The Prosecutors and Public Defenders Education and Training
Advisory Committee shall be composed of six local public prosecutors
and six local public defender representatives, all of whom are
appointed by the Director of Emergency Services, who shall provide
staff services to the advisory committee. In appointing the members
of the committee, the director shall invite the Attorney General, the
State Public Defender, the Speaker of the Assembly, and the Senate
President pro Tempore to participate as ex officio members of the
committee.
(c) The Office of Emergency Services, in consultation
with the advisory committee, shall develop specific guidelines
including criteria for selection of organizations to provide
education, training, and research services.
(d) In determining the equitable allocation of funds between
prosecution and defense functions, the Office of Emergency Services
and the advisory committee shall give consideration to the amount of
local government expenditures on a statewide basis for the support of
those functions.
(e) The administration of the overall program shall be performed
by the Office of Emergency Services. The office may, out of any
appropriation for this program, expend an amount not to exceed 7.5
percent for any fiscal year for those purposes.
(f) No funds appropriated pursuant to this title shall be used to
support a legislative advocate.
(g) To the extent necessary to meet the requirements of the State
Bar of California relating to certification of training for legal
specialists, the executive director shall ensure that, where
appropriate, all programs funded under this title are open to all
members of the State Bar of California. The program guidelines
established pursuant to subdivision (c) shall provide for the
reimbursement of costs for all participants deemed eligible by the
Office of Emergency Services, in conjunction with the Legal Training
Advisory Committee, by means of course attendance.
SEC. 475. SEC. 428. Section 11504 of
the Penal Code is amended to read:
11504. To the extent funds are appropriated from the Assessment
Fund to the Local Public Prosecutors and Public Defenders Training
Fund established pursuant to Section 11503, the Office of Emergency
Services shall allocate financial resources for statewide programs of
education, training, and research for local public prosecutors and
public defenders.
SEC. 476. SEC. 429. Section 13100.1
of the Penal Code is amended to read:
13100.1. (a) The Attorney General shall appoint an advisory
committee to the California-Criminal Index and Identification
(Cal-CII) system to assist in the ongoing management of the system
with respect to operating policies, criminal records content, and
records retention. The committee shall serve at the pleasure of the
Attorney General, without compensation, except for reimbursement of
necessary expenses.
(b) The committee shall consist of the following representatives:
(1) One representative from the California Police Chiefs'
Association.
(2) One representative from the California Peace Officers'
Association.
(3) Three representatives from the California State Sheriffs'
Association.
(4) One trial judge appointed by the Judicial Council.
(5) One representative from the California District Attorneys
Association.
(6) One representative from the California Court Clerks'
Association.
(7) One representative from the Office of Emergency Services.
(8) One representative from the Chief Probation Officers'
Association.
(9) One representative from the Department of Corrections and
Rehabilitation.
(10) One representative from the Department of the California
Highway Patrol.
(11) One member of the public, appointed by the Senate Committee
on Rules, who is knowledgeable and experienced in the process of
utilizing background clearances.
(12) One member of the public, appointed by the Speaker of the
Assembly, who is knowledgeable and experienced in the process of
utilizing background clearances.
SEC. 477. SEC. 430. Section 13800 of
the Penal Code is amended to read:
13800. Unless otherwise required by context, as used in this
title:
(a) "Agency" means the Office of Emergency Services.
(b) "Board" means the Board of State and Community Corrections.
(c) "Federal acts" means Subchapter V of Chapter 46 of the federal
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec.
3750 et seq.), the federal Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or
acts amendatory or supplemental thereto.
(d) "Local boards" means local criminal justice planning boards.
(e) "Executive director" means the Executive Director of the Board
of State and Community Corrections.
(f) This section shall become operative on July 1, 2012.
SEC. 478. SEC. 431. Section 13820 of
the Penal Code is amended to read:
13820. (a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the Office of Emergency Services, with the
exception of the duties described in Section 6024, which shall be
assumed by the Board of State and Community Corrections.
(b) Except for this section, the phrase "Office of Criminal
Justice Planning" or any reference to that phrase in this code shall
be construed to mean or refer to the Office of Emergency Services.
Any reference to the executive director of the Office of Criminal
Justice Planning in this code shall be construed to mean the Director
of Emergency Services.
SEC. 479. Section 13821 of the Penal Code is
amended to read:
13821. (a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
Office of Emergency Services. The Controller shall allocate these
funds on a quarterly basis beginning on October 1. These funds shall
be allocated by the Controller pursuant to a schedule provided by the
Office of Emergency Services which shall be developed according to
the office's existing programmatic guidelines and the following
percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the Office of Emergency Services
may be reimbursed up to five hundred eleven thousand dollars
($511,000) from the funds allocated in subdivision (a) for program
administrative costs.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 8.35 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 and
shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52 percent and shall be allocated by the Controller according to
the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside |5.6395% |
|County | |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis |1.3483% |
|Obispo County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou |0.3401% |
|County | |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(2) Commencing with the 2012-13 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.2 percent and shall be
allocated by the Controller to Fresno County.
(3) Commencing with the 2012-13 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(4) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 percent and shall be allocated by the
Controller according to the following schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(5) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(6) Commencing with the 2012-13 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06 percent and shall be
allocated by the Controller according to the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011,
First Extraordinary Session.
SEC. 432. Section 13821 of the Penal
Code , as amended by Senate Bill 76 of the 2013-14 Regular
Session, is amended to read:
13821. (a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
California Emergency Management Agency Office
of Emergency Services . The Controller shall allocate these
funds on a quarterly basis beginning on October 1. These funds shall
be allocated by the Controller pursuant to a schedule provided by the
California Emergency Management Agency
Office of Emer gency Services which shall
be developed according to the agency's existing programmatic
guidelines and the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal
year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2
percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 12.48 percent in the 2011-12 fiscal
year.
(4) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 26.83 percent
in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 9.06
percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the California Emergency
Management Agency Office of Emergency Services
may be reimbursed up to five hundred eleven thousand dollars
($511,000) from the funds allocated in subdivision (a) for program
administrative costs.
(c) Commencing with the 2012-13 fiscal year, the Controller shall
allocate 8.35 percent of the amount deposited in the Enhancing Law
Enforcement Activities Subaccount in the Local Revenue Fund 2011 and
shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52 percent and shall be allocated by the Controller according to
the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52 percent and shall be allocated in monthly installments by the
Controller according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(3) Commencing with the 2012-13 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.2 percent and shall be
allocated by the Controller to Fresno County.
(4) Commencing with the 2013-14 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.2 percent and shall be
allocated in monthly installments by the Controller to Fresno County.
(5) Commencing with the 2012-13 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(6) Commencing with the 2013-14 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48 percent and shall be allocated by the Controller in monthly
installments according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(7) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 percent and shall be allocated by the
Controller according to the following schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(8) Commencing with the 2013-14 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.83 percent and shall be allocated by the
Controller in monthly installments according to the following
schedule:
+----------------------------------+--------------+
|Los Angeles County |18.25% |
+----------------------------------+--------------+
|Marin County |18.25% |
+----------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+----------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys |1.75% |
|Association in implementing | |
|subdivision (b) of Section 13848.4| |
+----------------------------------+--------------+
|Sacramento County |18.25% |
+----------------------------------+--------------+
|San Diego County |18.25% |
+----------------------------------+--------------+
|Santa Clara County |18.25% |
+----------------------------------+--------------+
(9) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 percent and shall be allocated by the Controller according to
the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(10) Commencing with the 2013-14 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.91 percent and shall be allocated by the Controller in monthly
installments according to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(11) Commencing with the 2012-13 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06 percent and shall be
allocated by the Controller according to the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(12) Commencing with the 2013-14 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06 percent and shall be
allocated by the Controller in monthly installments according to the
following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011,
First Extraordinary Session.
SEC. 480. SEC. 433. Section 13823.2
of the Penal Code is amended to read:
13823.2. (a) The Legislature hereby finds and declares all of the
following:
(1) That violent and serious crimes are being committed against
the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported
that approximately 1 in every 10 elderly households in the nation
would be touched by crime.
(3) That the California Department of Justice, based upon limited
data received from local law enforcement agencies, reported that
approximately 10,000 violent crimes were committed against elderly
victims in 1985.
(4) That while the elderly may not be the most frequent targets of
crime, when they are victimized the impact of each vicious attack
has long-lasting effects. Injuries involving, for example, a broken
hip may never heal properly and often leave the victim physically
impaired. The loss of money used for food and other daily living
expenses for these costs may be life-threatening for the older
citizen on a fixed income. In addition, stolen or damaged property
often cannot be replaced.
(5) Although the State of California currently funds programs to
provide assistance to victims of crime and to provide general crime
prevention information, there are limited specialized efforts to
respond directly to the needs of elderly victims or to provide
prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services,
crime prevention, and criminal justice training programs funded by
the Office of Emergency Services shall include, consistent with
available resources, specialized components that respond to the
diverse needs of elderly citizens residing in the state.
SEC. 481. SEC. 434. Section 13823.3
of the Penal Code is amended to read:
13823.3. The Office of Emergency Services may expend funds for
local domestic violence programs, subject to the availability of
funds therefor.
SEC. 482. SEC. 435. Section 13823.4
of the Penal Code is amended to read:
13823.4. (a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also
finds that acts of family violence often result in other crimes and
social problems.
(b) There is in the Office of Emergency Services, a Family
Violence Prevention Program. This program shall provide financial and
technical assistance to local domestic and family violence centers
in implementing family violence prevention programs.
The goals and functions of the program shall include all of the
following:
(1) Promotion of community involvement through public education
geared specifically toward reaching and educating the friends and
neighbors of members of violent families.
(2) Development and dissemination of model protocols for the
training of criminal justice system personnel in domestic violence
intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.
(4) Identification and testing of family violence prevention
models.
(5) Replication of successful models, as appropriate, through the
state.
(6) Identification and testing of domestic violence model
protocols and intervention systems in major service delivery
institutions.
(7) Development of informational materials and seminars to enable
emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills
to students in schools.
(c) The Director of Emergency Services shall allocate funds to
local centers meeting the criteria for funding that shall be
established by the Office of Emergency Services in consultation with
practitioners and experts in the field of family violence prevention.
All centers receiving funds pursuant to this section shall have had
an ongoing recognized program, supported by either public or private
funds, dealing with an aspect of family violence, for at least two
years prior to the date specified for submission of applications for
funding pursuant to this section. All centers funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section. Sixty percent of the
state funds received pursuant to this section shall be used to
develop and implement model program protocols and materials. Forty
percent of the state funds received pursuant to this section shall be
allocated to programs to disseminate model program protocols and
materials. Dissemination shall include training for domestic violence
agencies in California. Each of the programs funded under this
section shall focus on no more than two targeted areas. These
targeted model areas shall be determined by the Office of Emergency
Services in consultation with practitioners and experts in the field
of domestic violence, using the domestic violence model priorities
survey of the California Alliance Against Domestic Violence.
Centers receiving funding shall provide matching funds of at least
10 percent of the funds received pursuant to this section.
(d) The Office of Emergency Services shall develop and disseminate
throughout the state information and materials concerning family
violence prevention, including, but not limited to, a procedures
manual on prevention models. The Office of Emergency Services shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to family violence and
its prevention.
SEC. 483. SEC. 436. Section 13823.5
of the Penal Code is amended to read:
13823.5. (a) The Office of Emergency Services, with the
assistance of the advisory committee established pursuant to Section
13836, shall establish a protocol for the examination and treatment
of victims of sexual assault and attempted sexual assault, including
child molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for meeting
the standards specified in Section 13823.11.
(b) In addition to the protocol, the Office of Emergency Services
shall develop informational guidelines, containing general reference
information on evidence collection and examination of victims of, and
psychological and medical treatment for victims of, sexual assault
and attempted sexual assault, including child molestation.
In developing the protocol and the informational guidelines, the
Office of Emergency Services and the advisory committee shall seek
the assistance and guidance of organizations assisting victims of
sexual assault; qualified health care professionals, criminalists,
and administrators who are familiar with emergency room procedures;
victims of sexual assault; and law enforcement officials.
(c) The Office of Emergency Services, in cooperation with the
State Department of Public Health and the Department of Justice,
shall adopt a standard and a complete form or forms for the recording
of medical and physical evidence data disclosed by a victim of
sexual assault or attempted sexual assault, including child
molestation.
Each qualified health care professional who conducts an
examination for evidence of a sexual assault or an attempted sexual
assault, including child molestation, shall use the standard form or
forms adopted pursuant to this section, and shall make those
observations and perform those tests as may be required for recording
of the data required by the form. The forms shall be subject to the
same principles of confidentiality applicable to other medical
records.
The Office of Emergency Services shall make copies of the standard
form or forms available to every public or private general acute
care hospital, as requested.
The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of sexual
assault, and may be used in lieu of the form specified in Section
11168 for reports of child abuse.
(d) The Office of Emergency Services shall distribute copies of
the protocol and the informational guidelines to every general acute
care hospital, law enforcement agency, and prosecutor's office in the
state.
(e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.
SEC. 484. SEC. 437. Section 13823.6
of the Penal Code is amended to read:
13823.6. The Office of Emergency Services may secure grants,
donations, or other funding for the purpose of funding any statewide
task force on sexual assault of children that may be established and
administered by the Department of Justice.
SEC. 485. SEC. 438. Section 13823.9
of the Penal Code is amended to read:
13823.9. (a) Every public or private general acute care hospital
that examines a victim of sexual assault or attempted sexual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines adopted
pursuant to Section 13823.5.
(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of sexual assault, including child molestation, shall be
present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency medical
services. In counties with a population of 1,000,000 or more, the
presence of these professional personnel shall be arranged in at
least one general acute care hospital for each 1,000,000 persons in
the county.
(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of sexual assault,
including child molestation.
(d) (1) The protocol published by the Office of Emergency Services
shall be used as a guide for the procedures to be used by every
public or private general acute care hospital in the state for the
examination and treatment of victims of sexual assault and attempted
sexual assault, including child molestation, and the collection and
preservation of evidence therefrom.
(2) The informational guide developed by the Office of Emergency
Services shall be consulted where indicated in the protocol, as well
as to gain knowledge about all aspects of examination and treatment
of victims of sexual assault and child molestation.
SEC. 486. SEC. 439. Section 13823.12
of the Penal Code is amended to read:
13823.12. Failure to comply fully with Section 13823.11 or with
the protocol or guidelines, or to utilize the form established by the
Office of Emergency Services, shall not constitute grounds to
exclude evidence, nor shall the court instruct or comment to the
trier of fact in any case that less weight may be given to the
evidence based on the failure to comply.
SEC. 487. SEC. 440. Section 13823.13
of the Penal Code is amended to read:
13823.13. (a) The Office of Emergency Services shall develop a
course of training for qualified health care professionals relating
to the examination and treatment of victims of sexual assault. In
developing the curriculum for the course, the Office of Emergency
Services shall consult with health care professionals and appropriate
law enforcement agencies. The Office of Emergency Services shall
also obtain recommendations from the same health care professionals
and appropriate law enforcement agencies on the best means to
disseminate the course of training on a statewide basis. The Office
of Emergency Services is encouraged to designate a course of training
for qualified health care professionals, as described in this
section, and shall partner with other allied professionals training
courses, such as sexual assault investigator training administered by
the Peace Officer Standards and Training (POST), sexual assault
prosecutor training as administered by the California District
Attorneys Association (CDAA), or sexual assault advocate training as
administered by the California Coalition Against Sexual Assault
(CalCASA).
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon, a nurse practitioner currently licensed pursuant to Chapter
6 (commencing with Section 2834) of Division 2 of the Business and
Professions Code, or a physician assistant licensed pursuant to
Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.
SEC. 488. SEC. 441. Section 13823.15
of the Penal Code is amended to read:
13823.15. (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services shall be to ensure that all
victims of domestic violence served by the Office of Emergency
Services Comprehensive Statewide Domestic Violence Program receive
comprehensive, quality services.
(b) There is in the Office of Emergency Services a Comprehensive
Statewide Domestic Violence Program. The goals of the program shall
be to provide local assistance to existing service providers, to
maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
Office of Emergency Services shall provide financial and technical
assistance to local domestic violence centers in implementing all of
the following services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance.
Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
(c) Except as provided in subdivision (f), the Office of Emergency
Services and the advisory committee established pursuant to Section
13823.16 shall collaboratively administer the Comprehensive Statewide
Domestic Violence Program, and shall allocate funds to local centers
meeting the criteria for funding. All organizations funded pursuant
to this section shall utilize volunteers to the greatest extent
possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment state
funds received pursuant to this section.
Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
(d) The Office of Emergency Services shall conduct statewide
training workshops on domestic violence for local centers, law
enforcement, and other service providers designed to enhance service
programs. The workshops shall be planned in conjunction with
practitioners and experts in the field of domestic violence
prevention. The workshops shall include a curriculum component on
lesbian, gay, bisexual, and transgender specific domestic abuse.
(e) The Office of Emergency Services shall develop and disseminate
throughout the state information and materials concerning domestic
violence. The Office of Emergency Services shall also establish a
resource center for the collection, retention, and distribution of
educational materials related to domestic violence. The Office of
Emergency Services may utilize and contract with existing domestic
violence technical assistance centers in this state in complying with
the requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the Office of Emergency Services as follows:
(1) The Office of Emergency Services shall establish each of the
following:
(A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
(B) For DVSSPs applying for grants under the request for proposal
process described in paragraph (2), a system for grading grant
applications in relation to the standards established pursuant to
subparagraph (A), and an appeal process for applications that are
denied. A description of this grading system and appeal process shall
be provided to all DVSSPs as part of the application required under
the RFP process.
(C) For DVSSPs reapplying for funding under the request for
application process described in paragraph (4), a system for grading
the performance of DVSSPs in relation to the standards established
pursuant to subparagraph (A), and an appeal process for decisions to
deny or reduce funding. A description of this grading system and
appeal process shall be provided to all DVSSPs receiving grants under
this program.
(2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding and, to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or unserved
areas. Each grant shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding and, to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
(5) A DVSSP funded through this program in the previous grant
cycle, including a DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the Office of
Emergency Services pursuant to paragraph (1).
(6) The Office of Emergency Services shall conduct a minimum of
one site visit every three years for each DVSSP funded pursuant to
this subdivision. The purpose of the site visit shall be to conduct a
performance assessment of, and provide subsequent technical
assistance for, each shelter visited. The performance assessment
shall include, but need not be limited to, a review of all of the
following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the
Office of Emergency Services shall provide a written report to the
DVSSP summarizing the performance of the DVSSP, deficiencies noted,
corrective action needed, and a deadline for corrective action to be
completed. The Office of Emergency Services shall also develop a
corrective action plan for verifying the completion of corrective
action required. The Office of Emergency Services shall submit its
written report to the DVSSP no more than 60 days after the site
visit. No grant under the RFA process shall be denied if the DVSSP
has not received a site visit during the previous three years, unless
the Office of Emergency Services is aware of criminal violations
relative to the administration of grant funding.
(8) If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of Emergency
Services and the Maternal, Child, and Adolescent Health Division of
the State Department of Public Health during any grant cycle, the
Comprehensive Statewide Domestic Violence Program and the Maternal,
Child, and Adolescent Health Division shall, to the extent feasible,
coordinate agency site visits and share performance assessment data
with the goal of improving efficiency, eliminating duplication, and
reducing administrative costs.
(9) DVSSPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the Office of Emergency Services shall have the discretion
to reduce the time to take corrective action in cases where the
deficiencies present a significant health or safety risk or when
other severe circumstances are found to exist. If corrective action
is deemed necessary, and a DVSSP fails to comply, or if other
deficiencies exist that, in the judgment of the Office of Emergency
Services, cannot be corrected, the Office of Emergency Services shall
determine, using its grading system, whether continued funding for
the DVSSP should be reduced or denied altogether. If a DVSSP has been
determined to be deficient, the Office of Emergency Services may, at
any point during the DVSSP's funding cycle following the expiration
of the period for corrective action, deny or reduce further funding.
(10) If a DVSSP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the DVSSP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, an appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the Office of Emergency Services. The appeal
process shall allow a DVSSP a minimum of 30 days to appeal after a
decision to deny or reduce funding. All pending appeals shall be
resolved before final funding decisions are reached.
(11) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded DVSSPs for expansion of services.
However, the Office of Emergency Services may determine when
expansion is needed to accommodate underserved or unserved areas. If
supplemental funding is unavailable, the Office of Emergency Services
shall have the authority to lower the base level of grants to all
currently funded DVSSPs in order to provide funding for currently
funded, new, or previously unfunded DVSSPs that will provide services
in underserved or unserved areas. However, to the extent reasonable,
funding reductions shall be reduced proportionately among all
currently funded DVSSPs. After the amount of funding reductions has
been determined, DVSSPs that are currently funded and those applying
for funding shall be notified of changes in the available level of
funding prior to the next application process. Funding reductions
made under this paragraph shall not be subject to appeal.
(12) Notwithstanding any other provision of this section, Office
of Emergency Services may reduce funding to a DVSSP funded pursuant
to this section if federal funding support is reduced. Funding
reductions as a result of a reduction in federal funding shall not be
subject to appeal.
(13) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
(14) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(15) The following definitions shall apply for purposes of this
subdivision:
(A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent intimate partners,
including physical, sexual, and psychological abuse against the
partner, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that person.
(B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
(C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
(g) The Office of Emergency Services may hire the support staff
and utilize all resources necessary to carry out the purposes of this
section. The Office of Emergency Services shall not utilize more
than 10 percent of funds appropriated for the purpose of the program
established by this section for the administration of that program.
SEC. 489. SEC. 442. Section 13823.16
of the Penal Code is amended to read:
13823.16. (a) The Comprehensive Statewide Domestic Violence
Program established pursuant to Section 13823.15 shall be
collaboratively administered by the Office of Emergency Services and
an advisory council. The membership of the Office of Emergency
Services Domestic Violence Advisory Council shall consist of experts
in the provision of either direct or intervention services to victims
of domestic violence and their children, within the scope and
intention of the Comprehensive Statewide Domestic Violence Assistance
Program.
(b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers. It
is the intent of the Legislature that the council membership reflect
the ethnic, racial, cultural, and geographic diversity of the state,
including people with disabilities. The council shall be composed of
no more than 13 voting members and two nonvoting ex officio members
who shall be appointed, as follows:
(1) Seven voting members shall be appointed by the Governor,
including at least one person recommended by the federally recognized
state domestic violence coalition.
(2) Three voting members shall be appointed by the Speaker of the
Assembly.
(3) Three voting members shall be appointed by the Senate
Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with the council and
participate in its activities to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature.
(c) The Office of Emergency Services shall collaborate closely
with the council in developing funding priorities, framing the
request for proposals, and soliciting proposals.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 490. SEC. 443. Section 13823.17
of the Penal Code is amended to read:
13823.17. (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal of the Office of Emergency Services shall be
to increase access to domestic violence education, prevention, and
services specifically for the gay, lesbian, bisexual, and transgender
community.
(b) The goal of this section is to establish a targeted or
directed grant program for the development and support of domestic
violence programs and services for the gay, lesbian, bisexual, and
transgender community. The Office of Emergency Services shall use
funds from the Equality in Prevention and Services for Domestic Abuse
Fund to award grants annually to qualifying organizations, with at
least one in southern California and one in northern California, to
fund domestic violence programs and services that are specific to the
lesbian, gay, bisexual, and transgender community, including, but
not limited to, any of the following:
(1) Counseling.
(2) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(3) Court and social service advocacy.
(4) Batterers intervention.
(5) Educational workshops and publications.
(6) Community resource and referral.
(7) Emergency housing.
(8) Hotline or warmline.
(9) Household establishment assistance.
(c) Each grant shall be awarded for a three-year term, as funds
are available, for the purposes of this section.
(d) In order to be eligible to receive funds under this section,
qualified organizations shall provide matching funds of at least 10
percent of the funds to be received under the section unless this
requirement is waived by the Director of Emergency Services, at his
or her discretion.
(e) As a condition of receiving funding pursuant to this section,
grant recipients shall ensure that appropriate staff and volunteers
having client contact meet the definition of "domestic violence
counselor," as specified in subdivision (a) of Section 1037.1 of the
Evidence Code. The minimum training specified in paragraph (2) of
subdivision (a) of Section 1037.1 of the Evidence Code shall be
provided to those staff and volunteers who do not meet the
requirements of paragraph (1) of subdivision (a) of Section 1037.1 of
the Evidence Code.
(f) In order to qualify for a grant award under this section, the
recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
intervention, education, and prevention and serving the lesbian, gay,
bisexual, and transgender community.
(g) The funding process for distributing grant awards to
qualifying organizations shall be administered by the Office of
Emergency Services as follows:
(1) Grant funds shall be awarded to qualifying organizations as a
result of a competitive request for proposal (RFP) process. The RFP
process shall comply with all applicable state and federal statutes
and to the extent possible, the response to the RFP shall not exceed
15 narrative pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant
proposals:
(A) Whether the proposed program or services would further the
purpose of promoting healthy, nonviolent relationships in the
lesbian, gay, bisexual, and transgender community.
(B) Whether the proposed program or services would reach a
significant number of people in, and have the support of, the
lesbian, gay, bisexual, and transgender community.
(C) Whether the proposed program or services are grounded in a
firm understanding of lesbian, gay, bisexual, and transgender
domestic violence and represent an innovative approach to addressing
the issue.
(D) Whether the proposed program or services would reach unique
and underserved sectors of the lesbian, gay, bisexual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.
(3) Grant funds shall not be used to support any of the following:
(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the
anticipated date of the grant award.
(E) Fundraising activities.
(h) Grant recipients may seek, receive, and make use of any funds
that may be available from all public and private sources to augment
any funds received pursuant to this section.
(i) The Office of Emergency Services may adopt rules as necessary
to implement the grant program created under this section.
(j) The Office of Emergency Services may hire the support staff
and utilize all resources necessary to carry out the purposes of this
section.
(k) The Office of Emergency Services shall consult with the State
Department of Public Health to consider the consolidation of their
respective domestic violence programs and report conclusions to the
Legislature no later than June 30, 2011.
(l) For purposes of this section, "domestic violence" means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, sexual, and
psychological abuse against the person, and is a part of a pattern of
assaultive, coercive, and controlling behavior directed at achieving
compliance from or control over that person.
SEC. 491. SEC. 444. Section 13825 of
the Penal Code is amended to read:
13825. The State Graffiti Clearinghouse is hereby created in the
Office of Emergency Services. The State Graffiti Clearinghouse shall
do all of the following, subject to federal funding:
(a) Assess and estimate the present costs to state and local
agencies for graffiti abatement.
(b) Award grants to state and local agencies that have
demonstrated implementation of effective graffiti reduction and
abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the
clearinghouse.
SEC. 492. SEC. 445. Section 13826.62
of the Penal Code is amended to read:
13826.62. (a) There is hereby established in the Office of
Emergency Services the Urban Corps Program. The Urban Corps Program
is established as an optional activity under Section 13826.6.
Community-based organizations receiving grants to participate in the
Urban Corps Program may implement the following activities:
(1) Identification of publicly and privately administered programs
in the county dealing with the suppression or prevention of criminal
gang activities, or both.
(2) Maintenance of a listing of programs within the county
identified as dealing with the suppression or prevention of criminal
gang activities, or both.
(3) Surveying gang suppression and prevention organizations for
the types of services and activities each is engaged in, and
identifying needs among these organizations for resources to provide
services and fulfill their activities.
(4) Recruitment of volunteers, identification of their skills,
abilities, and interests, and matching volunteers with the resource
needs of gang prevention and suppression organizations.
(5) Establishment of an urban respite program for the purpose of
preventing self-destructive activities and diverting (A) identified
youth gang members, and (B) youths who are at risk of becoming gang
members, for the purposes of reducing or eliminating incentives for
those youths to participate in gang-related crime activities.
(b) The Urban Corps Program shall operate within the Office of
Emergency Services for two years following the establishment of a
contract with a community-based organization to administer the
program.
(c) This section shall be implemented to the extent that funds are
available to the Office of Emergency Services for this purpose.
SEC. 493. SEC. 446. Section 13830 of
the Penal Code is amended to read:
13830. There is hereby created in state government a Judicial
Criminal Justice Planning Committee of seven members. The Judicial
Council shall appoint the members of the committee who shall hold
office at its pleasure. In this respect the Legislature finds as
follows:
(a) The California court system has a constitutionally established
independence under the judicial and separation of power clauses of
the State Constitution.
(b) The California court system has a statewide structure created
under the Constitution, state statutes, and state court rules, and
the Judicial Council of California is the constitutionally
established state agency having responsibility for the operation of
that structure.
(c) The California court system will be directly affected by the
criminal justice planning that will be done under this title and by
the federal grants that will be made to implement that planning.
(d) For effective planning and implementation of court projects it
is essential that the Office of Emergency Services have the advice
and assistance of a state judicial system planning committee.
SEC. 494. SEC. 447. Section 13833 of
the Penal Code is amended to read:
13833. The expenses necessarily incurred by the members of the
Judicial Criminal Justice Planning Committee in the performance of
their duties under this title shall be paid by the Judicial Council,
but it shall be reimbursed by the Office of Emergency Services to the
extent that federal funds can be made available for that purpose.
Staff support for the committee's activities shall be provided by the
Judicial Council, but the cost of that staff support shall be
reimbursed by the Office of Emergency Services to the extent that
federal funds can be made available for that purpose.
SEC. 495. SEC. 448. Section 13835.2
of the Penal Code is amended to read:
13835.2. (a) Funds appropriated from the Victim-Witness
Assistance Fund shall be made available through the Office of
Emergency Services to any public or private nonprofit agency for the
assistance of victims and witnesses that meets all of the following
requirements:
(1) It provides comprehensive services to victims and witnesses of
all types of crime. It is the intent of the Legislature to make
funds available only to programs that do not restrict services to
victims and witnesses of a particular type of crime, and do not
restrict services to victims of crime in which there is a suspect in
the case.
(2) It is recognized by the board of supervisors as the major
provider of comprehensive services to victims and witnesses in the
county.
(3) It is selected by the board of supervisors as the agency to
receive funds pursuant to this article.
(4) It assists victims of crime in the preparation, verification,
and presentation of their claims to the California Victim
Compensation and Government Claims Board for indemnification pursuant
to Article 1 (commencing with Section 13959)
of Part 4 of Division 3 of Title 2 of the
Government Code.
(5) It cooperates with the California Victim Compensation and
Government Claims Board in verifying the data required by Article 1
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code.
(b) The Office of Emergency Services shall consider the following
factors, together with any other circumstances it deems appropriate,
in awarding funds to public or private nonprofit agencies designated
as victim and witness assistance centers:
(1) The capability of the agency to provide comprehensive services
as defined in this article.
(2) The stated goals and objectives of the center.
(3) The number of people to be served and the needs of the
community.
(4) Evidence of community support.
(5) The organizational structure of the agency that will operate
the center.
(6) The capability of the agency to provide confidentiality of
records.
SEC. 496. SEC. 449. Section 13835.6
of the Penal Code is amended to read:
13835.6. (a) The Office of Emergency Services, in cooperation
with representatives from local victim and witness assistance
centers, shall develop standards defining the activities and services
enumerated in this article.
(b) The Office of Emergency Services, in cooperation with
representatives from local victim and witness assistance centers,
shall develop a method of evaluating the activities and performance
of centers established pursuant to this article.
SEC. 497. SEC. 450. Section 13835.7
of the Penal Code is amended to read:
13835.7. There is in the State Treasury the Victim-Witness
Assistance Fund. Funds appropriated thereto shall be dispensed to the
Office of Emergency Services exclusively for the purposes specified
in this article and for the support of the centers specified in
Section 13837.
SEC. 498. SEC. 451. Section 13835.10
of the Penal Code is amended to read:
13835.10. (a) The Legislature finds and declares all of the
following:
(1) That the provision of quality services for victims of crime is
of high priority.
(2) That existing victim service programs do not have sufficient
financial resources to consistently recruit and employ fully trained
personnel.
(3) That there is no consistency in the training provided to the
various agencies serving victims.
(4) That comprehensive training for victim service agencies is
geographically limited or unavailable.
(5) That there is currently no statewide comprehensive training
system in place for the state to ensure that all service providers
receive adequate training to provide quality services to victims of
crime.
(6) It is the intention of the Legislature to establish a
statewide training program within the Office of Emergency Services to
provide comprehensive standardized training to victim service
providers.
(b) The Office of Emergency Services shall establish a statewide
victim-assistance training program, the purpose of which is to
develop minimum training and selection standards, certify training
courses, and provide funding to enable local victim service providers
to acquire the required training.
(c) (1) For the purpose of raising the level of competence of
local victim service providers, the Office of Emergency Services
shall adopt guidelines establishing minimum standards of training for
employees of victim-witness and sexual assault programs funded by
the office to provide services to victims of crime. The Office of
Emergency Services shall establish an advisory committee composed of
recognized statewide victim service organizations, representatives of
local victim service programs, and others selected at the discretion
of the executive director to consult on the research and development
of the training, selection, and equivalency standards.
(2) Any local unit of government, community-based organization, or
any other public or private nonprofit entity funded by the Office of
Emergency Services as a victim-witness or sexual assault program to
provide services to victims of crime shall adhere to the training and
selection standards established by the Office of Emergency Services.
The standards for sexual assault victim service programs developed
by the advisory committee established pursuant to Section 13836 shall
be the standards for purposes of this section. With the exception of
the sexual assault standards, the Office of Emergency Services shall
conduct or contract with an appropriate firm or entity for research
on validated standards pursuant to this section in consultation with
the advisory committee established pursuant to paragraph (1). The
Office of Emergency Services may defer the adoption of the selection
standards until the necessary research is completed. Until the
standards are adopted, affected victim service programs may receive
state funding from the Office of Emergency Services upon
certification of their willingness to adhere to the training
standards adopted by the Office of Emergency Services.
(3) Minimum training and selection standards may include, but
shall not be limited to, basic entry, continuation, supervisory,
management, specialized curricula, and confidentiality.
(4) Training and selection standards shall apply to all victim
service and management personnel of the victim-witness and sexual
assault agencies funded by the Office of Emergency Services to
provide services to victims of crime. Exemptions from this
requirement may be made by the Office of Emergency Services. A victim
service agency which, despite good faith efforts, is unable to meet
the standards established pursuant to this section, may apply to the
Office of Emergency Services for an exemption. For the purpose of
exemptions, the Office of Emergency Services may establish procedures
that allow for partial adherence. The Office of Emergency Services
may develop equivalency standards which recognize professional
experience, education, training, or a combination of the above, for
personnel hired before July 1, 1987.
(5) Nothing in this section shall prohibit a victim service
agency, funded by the Office of Emergency Services to provide
services to victims of crime, from establishing training and
selection standards which exceed the minimum standards established by
the Office of Emergency Services pursuant to this section.
(d) For purposes of implementing this section, the Office of
Emergency Services has all of the following powers:
(1) To approve or certify, or both, training courses selected by
the agency.
(2) To make those inquiries which may be necessary to determine
whether every local unit of government, community-based organization,
or any other public or private entity receiving state aid from the
Office of Emergency Services as a victim-witness or sexual assault
program for the provision of services to victims of crime, is
adhering to the standards for training and selection established
pursuant to this section.
(3) To adopt those guidelines which are necessary to carry out the
purposes of this section.
(4) To develop or present, or both, training courses for victim
service providers, or to contract with coalitions, councils, or other
designated entities, to develop or present, or both, those training
courses.
(5) To perform other activities and studies necessary to carry out
the intent of this section.
(e) (1) The Office of Emergency Services may utilize any funds
that may become available from the Victim-Witness Assistance Fund to
fund the cost of training staff of victim service agencies which are
funded by the Office of Emergency Services from the fund. The Office
of Emergency Services may utilize federal or other state funds that
may become available to fund the cost of training staff of victim
service agencies which are not eligible for funding from the
Victim-Witness Assistance Fund.
(2) Peace officer personnel whose jurisdictions are eligible for
training subvention pursuant to Chapter 1 (commencing with Section
13500) of Title 4 of this part and correctional or probation
personnel whose jurisdictions are eligible for state aid pursuant to
Article 2 (commencing with Section 6035) of Chapter 5 of Title 7 of
Part 3 are not eligible to receive training reimbursements under this
section unless the person receiving the training is assigned to
provide victim services in accordance with a grant award agreement
with the Office of Emergency Services and is attending training to
meet the established standards.
SEC. 499. SEC. 452. Section 13836 of
the Penal Code is amended to read:
13836. The Office of Emergency Services shall establish an
advisory committee which shall develop a course of training for
district attorneys in the investigation and prosecution of sexual
assault cases, child sexual exploitation cases, and child sexual
abuse cases and shall approve grants awarded pursuant to Section
13837. The courses shall include training in the unique emotional
trauma experienced by victims of these crimes.
It is the intent of the Legislature in the enactment of this
chapter to encourage the establishment of sex crime prosecution
units, which shall include, but not be limited to, child sexual
exploitation and child sexual abuse cases, in district attorneys'
offices throughout the state.
SEC. 500. SEC. 453. Section 13836.1
of the Penal Code is amended to read:
13836.1. The committee shall consist of 11 members. Five shall be
appointed by the Director of Emergency Services, and shall include
three district attorneys or assistant or deputy district attorneys,
one representative of a city police department or a sheriff or a
representative of a sheriff's department, and one public defender or
assistant or deputy public defender of a county. Six shall be public
members appointed by the Commission on the Status of Women and Girls,
and shall include one representative of a rape crisis center, and
one medical professional experienced in dealing with sexual assault
trauma victims. The committee members shall represent the points of
view of diverse ethnic and language groups.
Members of the committee shall receive no compensation for their
services but shall be reimbursed for their expenses actually and
necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the Office of
Emergency Services.
SEC. 501. SEC. 454. Section 13843 of
the Penal Code is amended to read:
13843. (a) Allocation and award of funds made available under
this chapter shall be made upon application to the Office of
Emergency Services. All applications shall be reviewed and evaluated
by the Office of Emergency Services.
(b) The Director of Emergency Services may allocate and award
funds to communities developing and providing ongoing citizen
involvement and crime resistance programs in compliance with the
established policies and criteria of the agency. Applications
receiving funding under this section shall be selected from among
those deemed appropriate for funding according to the criteria,
policy, and procedures established by the Office of Emergency
Services.
(c) With the exception of funds awarded for programs authorized
under paragraph (2) of subdivision (b) of Section 13844, no single
award of funds under this chapter shall exceed a maximum of two
hundred fifty thousand dollars ($250,000) for a 12-month grant
period.
(d) Funds disbursed under this chapter shall not supplant local
funds that would, in the absence of the California Community Crime
Resistance Program, be made available to support crime resistance
programs.
(e) Funds disbursed under this chapter shall be supplemented with
local funds constituting, at a minimum, 10 percent of the total crime
resistance program budget during the initial year and 20 percent in
subsequent periods of funding.
(f) Annually, up to a maximum of 10 percent of the total funds
appropriated to the Community Crime Resistance Program may be used by
the Office of Emergency Services to support statewide technical
assistance, training, and public awareness activities relating to
crime prevention.
(g) Funds awarded under this program as local assistance grants
shall not be subject to review as specified in Section 14780 of the
Government Code.
(h) Guidelines shall set forth the terms and conditions upon which
the Office of Emergency Services is prepared to offer grants of
funds pursuant to statutory authority. The guidelines do not
constitute rules, regulations, orders, or standards of general
application.
SEC. 502. SEC. 455. Section 13844 of
the Penal Code is amended to read:
13844. (a) Use of funds granted under the California Community
Crime Resistance Program are restricted to the following activities:
(1) Further the goal of a statewide crime prevention network by
supporting the initiation or expansion of local crime prevention
efforts.
(2) Provide information and encourage the use of new and
innovative refinements to the traditional crime prevention model in
localities that currently maintain a well-established crime
prevention program.
(3) Support the development of a coordinated service network,
including information exchange and case referral between such
programs as local victim-witness assistance programs, sexual assault
programs, gang violence reduction programs, drug suppression
programs, elderly care custodians, state and local elderly service
programs, or any other established and recognizable local programs
devoted to the lessening of crime and the promotion of the community'
s well-being.
(b) With respect to the initiation or expansion of local crime
prevention efforts, projects supported under the California Community
Crime Resistance Program shall do either of the following:
(1) Carry out as many of the following activities as deemed, in
the judgment of the Office of Emergency Services, to be consistent
with available resources:
(A) Crime prevention programs using tailored outreach techniques
in order to provide effective and consistent services for the elderly
in the following areas:
(i) Crime prevention information to elderly citizens regarding
personal safety, fraud, theft, grand theft, burglary, and elderly
abuse.
(ii) Services designed to respond to the specific and diverse
crime prevention needs of elderly residential communities.
(iii) Specific services coordinated to assist in the installation
of security devices or provision of escort services and victim
assistance.
(B) Programs to provide training, information, and prevention
literature to peace officers, elderly care custodians, health
practitioners, and social service providers regarding physical abuse
and neglect within residential health care facilities for the
elderly.
(C) Programs to promote neighborhood involvement such as, but not
limited to, block clubs and other community or resident-sponsored
anticrime programs.
(D) Personal safety programs.
(E) Domestic violence prevention programs.
(F) Crime prevention programs specifically geared to youth in
schools and school district personnel.
(G) Programs which make available to residents and businesses
information on locking devices, building security, and related crime
resistance approaches.
(H) In cooperation with the Commission on Peace Officer Standards
and Training, support for the training of peace officers in crime
prevention and its effects on the relationship between citizens and
law enforcement.
(I) Efforts to address the crime prevention needs of communities
with high proportions of teenagers and young adults, low-income
families, and non-English-speaking residents, including juvenile
delinquency diversion, social service referrals, and making available
crime resistance literature in appropriate languages other than
English.
(2) Implement a community policing program in targeted
neighborhoods that are drug infested. The goal of this program shall
be to empower the people against illegal drug activity. A program
funded pursuant to this chapter shall be able to target one or more
neighborhoods within the grant period. In order to be eligible for
funding, the program shall have the commitment of the community,
local law enforcement, school districts, and community service
groups; and shall be supported by either the city council or the
board of supervisors, whichever is applicable.
(c) With respect to the support of new and innovative techniques,
communities taking part in the California Crime Resistance Program
shall carry out those activities, as determined by the Office of
Emergency Services, that conform to local needs and are consistent
with available expertise and resources. These techniques may include,
but are not limited to, community policing programs or activities
involving the following:
(1) Programs to reinforce the security of "latchkey" children,
including neighborhood monitoring, special contact telephone numbers,
emergency procedure training for the children, daily telephone
checks for the children's well-being, and assistance in developing
safe alternatives to unsupervised conditions for children.
(2) Programs dedicated to educating parents in procedures designed
to do all of the following:
(A) Minimize or prevent the abduction of children.
(B) Assist children in understanding the risk of child abduction.
(C) Maximize the recovery of abducted children.
(3) Programs devoted to developing automated systems for
monitoring and tracking crimes within organized neighborhoods.
(4) Programs devoted to developing timely "feedback mechanisms"
whose goals would be to alert residents to new crime problems and to
reinforce household participation in neighborhood security
organizations.
(5) Programs devoted to creating and packaging special crime
prevention approaches tailored to the special needs and
characteristics of California's cultural and ethnic minorities.
(6) Research into the effectiveness of local crime prevention
efforts including the relationships between crime prevention
activities, participants' economic and demographic characteristics,
project costs, local or regional crime rate, and law enforcement
planning and staff deployment.
(7) Programs devoted to crime and delinquency prevention through
the establishment of partnership initiatives utilizing elderly and
juvenile volunteers.
(d) All approved programs shall utilize volunteers to assist in
implementing and conducting community crime resistance programs.
Programs providing elderly crime prevention programs shall recruit
senior citizens to assist in providing services.
(e) Programs funded pursuant to this chapter shall demonstrate a
commitment to support citizen involvement with local funds after the
program has been developed and implemented with state moneys.
SEC. 503. SEC. 456. Section 13846 of
the Penal Code is amended to read:
13846. (a) Evaluation and monitoring of all grants made under
this section shall be the responsibility of the office. The office
shall issue standard reporting forms for reporting the level of
activities and number of crimes reported in participating
communities.
(b) Information on successful programs shall be made available and
relayed to other California communities through the technical
assistance procedures of the office.
SEC. 504. SEC. 457. Section 13847 of
the Penal Code is amended to read:
13847. (a) There is hereby established in the Office of Emergency
Services a program of financial and technical assistance for local
law enforcement, called the Rural Indian Crime Prevention Program.
The program shall target the relationship between law enforcement and
Native American communities to encourage and to strengthen
cooperative efforts and to implement crime suppression and prevention
programs.
(b) The Director of Emergency Services may allocate and award
funds to those local units of government, or combinations thereof, in
which a special program is established in law enforcement agencies
that meets the criteria set forth in Sections 13847.1 and 13847.2.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the Rural Indian Crime Prevention
Program, be made available to support the suppression and prevention
of crime on reservations and rancherias.
(d) The Director of Emergency Services shall prepare and issue
administrative guidelines and procedures for the Rural Indian Crime
Prevention Program consistent with this chapter.
(e) The guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to offer grants of
funds pursuant to statutory authority. The guidelines do not
constitute rules, regulations, orders, or standards of general
application.
SEC. 505. SEC. 458. Section 13847.2
of the Penal Code is amended to read:
13847.2. (a) The Rural Indian and Law Enforcement Local Advisory
Committee shall be composed of a chief executive of a law enforcement
agency, two tribal council members, two tribal elders, one Indian
law enforcement officer, one Indian community officer, one
representative of the Bureau of Indian Affairs, and any additional
members that may prove to be crucial to the committee. All members of
the advisory committee shall be designated by the Director of
Emergency Services, who shall provide staff services to the advisory
committee.
(b) The Director of Emergency Services, in consultation with the
advisory committee, shall develop specific guidelines, and
administrative procedures, for the selection of projects to be funded
by the Rural Indian Crime Prevention Program which guidelines shall
include the selection criteria described in this chapter.
(c) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the Office of Emergency Services, provided that funds expended for
these functions shall not exceed 5 percent of the total annual
amount made available for the purpose of this chapter.
SEC. 506. SEC. 459. Section 13851 of
the Penal Code is amended to read:
13851. (a) There is hereby established in the Office of Emergency
Services a program of financial, training, and technical assistance
for local law enforcement, called the California Career Criminal
Apprehension Program. All funds made available to the Office of
Emergency Services for the purposes of this chapter shall be
administered and disbursed by the Director of Emergency Services.
(b) The Director of Emergency Services is authorized to allocate
and award funds to those local units of government or combinations
thereof, in which a special program is established in law enforcement
agencies that meets the criteria set forth in Sections 13852 and
13853.
(c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
(d) The Director of Emergency Services shall prepare and issue
administrative guidelines and procedures for the California Career
Criminal Apprehension Program consistent with this chapter.
(e) These guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to offer grants
of funds pursuant to statutory authority. The guidelines do not
constitute rules, regulations, orders, or standards of general
application.
SEC. 507. SEC. 460. Section 13854 of
the Penal Code is amended to read:
13854. (a) The Director of Emergency Services shall develop
specific guidelines, and administrative procedures, for the selection
of the California Career Criminal Apprehension Program.
(b) Administration of the overall program and the evaluation and
monitoring of all grants made under this chapter shall be performed
by the Office of Emergency Services, provided that funds expended for
those functions shall not exceed 7.5 percent of the total annual
amount made available for the purpose of this chapter.
(c) Local assistance grants made pursuant to this chapter shall
not be subject to review pursuant to Section 10290 of the Public
Contract Code.
SEC. 508. SEC. 461. Section 13861 of
the Penal Code is amended to read:
13861. There is hereby created in the Office of Emergency
Services the Suppression of Drug Abuse in Schools Program. All funds
made available to the Office of Emergency Services for the purposes
of this chapter shall be administered and disbursed by the Director
of Emergency Services in consultation with the State Suppression of
Drug Abuse in Schools Advisory Committee established pursuant to
Section 13863.
(a) The Director of Emergency Services, in consultation with the
State Suppression of Drug Abuse in Schools Advisory Committee, is
authorized to allocate and award funds to local law enforcement
agencies and public schools jointly working to develop drug abuse
prevention and drug trafficking suppression programs in substantial
compliance with the policies and criteria set forth in Sections 13862
and 13863.
(b) The allocation and award of funds shall be made upon the joint
application by the chief law enforcement officer of the coapplicant
law enforcement agency and approved by the law enforcement agency's
legislative body and the superintendent and board of the school
district coapplicant. The joint application of the law enforcement
agency and the school district shall be submitted for review to the
Local Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to paragraph (4) of subdivision (a) of Section
13862. After review, the application shall be submitted to the Office
of Emergency Services. Funds disbursed under this chapter may
enhance but shall not supplant local funds that would, in the absence
of the Suppression of Drug Abuse in Schools Program, be made
available to suppress and prevent drug abuse among schoolage children
and to curtail drug trafficking in and around school areas.
(c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal tasks
created pursuant to this chapter and assigned to both the law
enforcement agency and the school
district to be performed by only one of them.
(d) Within 90 days of the effective date of this chapter, the
Director of Emergency Services, in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee established
pursuant to Section 13863, shall prepare and issue administrative
guidelines and procedures for the Suppression of Drug Abuse in
Schools Program consistent with this chapter. In addition to all
other formal requirements that may apply to the enactment of these
guidelines and procedures, a complete and final draft shall be
submitted within 60 days of the effective date of this chapter to the
Chairpersons of the Committee on Criminal Law and Public Safety of
the Assembly and the Judiciary Committee of the Senate of the
California Legislature.
SEC. 509. Section 13864 of the Penal Code is
amended to read:
13864. There is hereby created in the Office of Emergency
Services the Comprehensive Alcohol and Drug Prevention Education
component of the Suppression of Drug Abuse in Schools Program in
public elementary schools in grades 4 to 6, inclusive.
Notwithstanding Section 13861 or any other provision in this code,
all Comprehensive Alcohol and Drug Prevention Education component
funds made available to the Office of Emergency Services in
accordance with the Classroom Instructional Improvement and
Accountability Act shall be administered by and disbursed to county
superintendents of schools in this state by the Director of Emergency
Services. All applications for that funding shall be reviewed and
evaluated by the Office of Emergency Services, in consultation with
the State Department of Alcohol and Drug Programs and the State
Department of Education.
(a) The Director of Emergency Services is authorized to allocate
and award funds to county department superintendents of schools for
allocation to individual school districts or to a consortium of two
or more school districts. Applications funded under this section
shall comply with the criteria, policies, and procedures established
under subdivision (b) of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
Office of Emergency Services, in consultation with the State
Department of Alcohol and Drug Programs and the State Department of
Education, containing all of the following components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order No. D-70-80.
(2) A planning process that includes assessment of the school
district's characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law enforcement
agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both indepth
training for the core team involved in providing program services
and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state or
federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the Office of Emergency Services. Funds made
available to the Office of Emergency Services for allocation under
this section are intended to enhance, but shall not supplant, local
funds that would, in the absence of the Comprehensive Alcohol and
Drug Prevention Education component, be made available to prevent,
intervene in, or suppress drug abuse among schoolage children. For
districts that are already implementing a comprehensive drug abuse
prevention program for pupils in grades 4 to 6, inclusive, the county
superintendent shall propose the use of the funds for drug
prevention activities in school grades other than 4 to 6, inclusive,
compatible with the program components of this section. The
expenditure of funds for that alternative purpose shall be approved
by the Director of Emergency Services.
(1) Unless otherwise authorized by the Office of Emergency
Services, each county superintendent of schools shall be the fiscal
agent for any Comprehensive Alcohol and Drug Prevention Education
component award, and shall be responsible for ensuring that each
school district within that county receives the allocation prescribed
by the Office of Emergency Services. Each county superintendent
shall develop a countywide plan that complies with program guidelines
and procedures established by the Office of Emergency Services
pursuant to subdivision (d). A maximum of 5 percent of the county's
allocation may be used for administrative costs associated with the
project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The Director of Emergency Services, in consultation with the
State Department of Alcohol and Drug Programs and the State
Department of Education, shall prepare and issue guidelines and
procedures for the Comprehensive Alcohol and Drug Prevention
Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the Office of Emergency Services is prepared to award grants of
funds pursuant to this section. The guidelines shall not constitute
rules, regulations, orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The Director of Emergency Services shall collaborate, to the
extent possible, with other state agencies that administer drug,
alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for drug, alcohol, and tobacco education funding under
this section and under other state and federal programs. The Office
of Emergency Services, the State Department of Alcohol and Drug
Programs, the State Department of Education, and other state
agencies, to the extent possible, shall develop joint policies and
collaborate planning in the administration of drug, alcohol, and
tobacco abuse prevention education programs.
SEC. 462. Section 13864 of the Penal
Code , as amended by Assembly Bill 75 of the 2013-14
Regular Session, is amended to read:
13864. There is hereby created in the agency
Office of Emergency Services the Comprehensive Alcohol and
Drug Prevention Education component of the Suppression of Drug Abuse
in Schools Program in public elementary schools in grades 4 to 6,
inclusive. Notwithstanding Section 13861 or any other provision in
this code, all Comprehensive Alcohol and Drug Prevention Education
component funds made available to the agency
Office of Emergency Services in accordance with the Classroom
Instructional Improvement and Accountability Act shall be
administered by and disbursed to county superintendents of schools in
this state by the secretary. Director of
Emergency Services. All applications for that funding shall be
reviewed and evaluated by the agency, Office
of Emergenc y Services, in consultation with the
State Department of Health Care Services and the State Department of
Education.
(a) The secretary Director of Emergency
Services is authorized to allocate and award funds to county
department superintendents of schools for allocation to individual
school districts or to a consortium of two or more school districts.
Applications funded under this section shall comply with the
criteria, policies, and procedures established under subdivision (b)
of this section.
(b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency, Office of Emergency Services,
in consultation with the State Department of Health Care Services and
the State Department of Education, containing all of the following
components:
(1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order No. D-70-80.
(2) A planning process that includes assessment of the school
district's characteristics, resources, and the extent of problems
related to juvenile drug abuse, and input from local law enforcement
agencies.
(3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
(4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both indepth
training for the core team involved in providing program services
and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement
officers.
(8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state or
federally funded program.
(c) The application of the county superintendent of schools shall
be submitted to the agency. Office of
Emergency Services. Funds made available to the agency
Office of Emergency Services for allocation
under this section are intended to enhance, but shall not supplant,
local funds that would, in the absence of the Comprehensive Alcohol
and Drug Prevention Education component, be made available to
prevent, intervene in, or suppress drug abuse among schoolage
children. For districts that are already implementing a comprehensive
drug abuse prevention program for pupils in grades 4 to 6,
inclusive, the county superintendent shall propose the use of the
funds for drug prevention activities in school grades other than 4 to
6, inclusive, compatible with the program components of this
section. The expenditure of funds for that alternative purpose shall
be approved by the secretary. Director of
Emergency Services.
(1) Unless otherwise authorized by the agency,
Office of Emergency Services, each county superintendent
of schools shall be the fiscal agent for any Comprehensive Alcohol
and Drug Prevention Education component award, and shall be
responsible for ensuring that each school district within that county
receives the allocation prescribed by the agency.
Office of Emergency Services. Each county superintendent
shall develop a countywide plan that complies with program guidelines
and procedures established by the agency
Office of Emergency Services pursuant to subdivision (d). A
maximum of 5 percent of the county's allocation may be used for
administrative costs associated with the project.
(2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
(d) The secretary, Director of Emergency
Services, in consultation with the State Department of Health
Care Services and the State Department of Education, shall prepare
and issue guidelines and procedures for the Comprehensive Alcohol and
Drug Prevention Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency Office of Emergency Services
is prepared to award grants of funds pursuant to this section.
The guidelines shall not constitute rules, regulations, orders, or
standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
(h) The secretary Director of Emergency
Services shall collaborate, to the extent possible, with other
state agencies that administer drug, alcohol, and tobacco abuse
prevention education programs to streamline and simplify the process
whereby local educational agencies apply for drug, alcohol, and
tobacco education funding under this section and under other state
and federal programs. The agency, Office of
Emergency Services, the State Department of Health Care
Services, the State Department of Education, and other state
agencies, to the extent possible, shall develop joint policies and
collaborate planning in the administration of drug, alcohol, and
tobacco abuse prevention education programs.
SEC. 510. SEC. 463. Section 13881 of
the Penal Code is amended to read:
13881. (a) There is hereby established in the office a program of
financial and technical assistance for district attorneys' offices,
designated the California Major Narcotic Vendors Prosecution Law. All
funds appropriated to the office for the purposes of this chapter
shall be administered and disbursed by the director in consultation
with the California Council on Criminal Justice, and shall to the
greatest extent feasible be coordinated or consolidated with federal
funds that may be made available for these purposes.
(b) The director is authorized to allocate and award funds to
counties in which the California Major Narcotic Vendors Prosecution
Law is implemented in substantial compliance with the policies and
criteria set forth in this chapter.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter shall
not supplant local funds that would, in the absence of the
California Major Narcotic Vendors Prosecution Law, be made available
to support the prosecution of felony drug cases. Funds available
under this program shall not be subject to review, as specified in
Section 14780 of the Government Code.
(d) The director shall prepare and issue written program and
administrative guidelines and procedures for the California Major
Narcotic Vendors Prosecution Program consistent with this chapter,
which shall be submitted to the Chairpersons of the Assembly
Committee on Public Safety and the Senate Committee on Criminal
Procedure. These guidelines shall permit the selection of a county
for the allocation and award of funds only on a finding by the office
that the county is experiencing a proportionately significant
increase in major narcotic cases. Further, the guidelines shall
provide for the allocation and award of funds to small county
applicants, as designated by the director. The guidelines shall also
provide that any funds received by a county under this chapter shall
be used only for the prosecution of cases involving major narcotic
dealers. For purposes of this subdivision, "small county" means a
county having a population of 200,000 or less.
SEC. 511. SEC. 464. Section 13897.2
of the Penal Code is amended to read:
13897.2. (a) The Office of Emergency Services shall grant an
award to an appropriate private, nonprofit organization, to provide a
statewide resource center, as described in Section 13897.1.
(b) The center shall:
(1) Provide callers with information about victims' legal rights
to compensation pursuant to Chapter 5 (commencing with Section 13959)
of Part 4 of Division 3 of Title 2 of the Government Code and, where
appropriate, provide victims with guidance in exercising these
rights.
(2) Provide callers who provide services to victims of crime with
legal information regarding the legal rights of victims of crime.
(3) Advise callers about any potential civil causes of action and,
where appropriate, provide callers with references to local legal
aid and lawyer referral services.
(4) Advise and assist callers in understanding and implementing
their rights to participate in sentencing and parole eligibility
hearings as provided by statute.
(5) Advise callers about victims' rights in the criminal justice
system, assist them in overcoming problems, including the return of
property, and inform them of any procedures protecting witnesses.
(6) Refer callers, as appropriate, to local programs, which
include victim-witness programs, rape crisis units, domestic violence
projects, and child sexual abuse centers.
(7) Refer callers to local resources for information about
appropriate public and private benefits and the means of obtaining
aid.
(8) Publicize the existence of the toll-free service through the
print and electronic media, including public service announcements,
brochures, press announcements, various other educational materials,
and agreements for the provision of publicity, by private entities.
(9) Compile comprehensive referral lists of local resources that
include the following: victims' assistance resources, including legal
and medical services, financial assistance, personal counseling and
support services, and victims' support groups.
(10) Produce promotional materials for distribution to law
enforcement agencies, state and local agencies, print, radio, and
television media outlets, and the general public. These materials
shall include placards, video and audio training materials, written
handbooks, and brochures for public distribution. Distribution of
these materials shall be coordinated with the local victims' service
programs.
(11) Research, compile, and maintain a library of legal
information concerning crime victims and their rights.
(12) Provide a 20-percent minimum cash match for all funds
appropriated pursuant to this chapter which match may include federal
and private funds in order to supplement any funds appropriated by
the Legislature.
(c) The resource center shall be located so as to assure
convenient and regular access between the center and those state
agencies most concerned with crime victims. The entity receiving the
grant shall be a private, nonprofit organization, independent of law
enforcement agencies, and have qualified staff knowledgeable in the
legal rights of crime victims and the programs and services available
to victims throughout the state. The subgrantee shall have an
existing statewide, toll-free information service and have
demonstrated substantial capacity and experience serving crime
victims in areas required by this act.
(d) The services of the resource center shall not duplicate the
victim service activities of the Office of Emergency Services or
those activities of local victim programs funded through the Office
of Emergency Services.
(e) The subgrantee shall be compensated at its federally approved
indirect cost rate, if any. For the purposes of this section,
"federally approved indirect cost rate" means that rate established
by the federal Department of Health and Human Services or other
federal agency for the subgrantee. Nothing in this section shall be
construed as requiring the Office of Emergency Services to permit the
use of federally approved indirect cost rates for other subgrantees
of other grants administered by the Office of Emergency Services.
(f) All information and records retained by the center in the
course of providing services under this chapter shall be confidential
and privileged pursuant to Article 3 (commencing with Section 950)
of Chapter 4 of Division 8 of the Evidence Code and Article 4
(commencing with Section 6060) of Chapter 4 of Division 3 of the
Business and Professions Code. Nothing in this subdivision shall
prohibit compilation and distribution of statistical data by the
center.
SEC. 512. SEC. 465. Section 13897.3
of the Penal Code is amended to read:
13897.3. The Office of Emergency Services shall develop written
guidelines for funding and performance standards for monitoring the
effectiveness of the resource center program. The program shall be
evaluated by a public or private nonprofit entity under a contract
with the Office of Emergency Services.
SEC. 513. SEC. 466. Section 13901 of
the Penal Code is amended to read:
13901. (a) For the purposes of coordinating local criminal
justice activities and planning for the use of state and federal
action funds made available through any grant programs, criminal
justice and delinquency prevention planning districts shall be
established.
(b) On January 1, 1976, all planning district boundaries shall
remain as they were immediately prior to that date. Thereafter, the
number and boundaries of those planning districts may be altered from
time to time pursuant to this section; provided that no county shall
be divided into two or more districts, nor shall two or more
counties which do not comprise a contiguous area form a single
district.
(c) Prior to taking any action to alter the boundaries of any
planning district, the council shall adopt a resolution indicating
its intention to take the action and, at least 90 days prior to the
taking of the action, shall forward a copy of the resolution to all
units of government directly affected by the proposed action.
(d) If any county or a majority of the cities directly affected by
the proposed action objects thereto, and a copy of the resolution of
each board of supervisors or city council stating its objection is
delivered to the Director of Emergency Services within 30 days
following the giving of the notice of the proposed action, the
director shall conduct a public meeting within the boundaries of the
district as they are
proposed to be determined. Notice of the time and place of the
meeting shall be given to the public and to all units of local
government directly affected by the proposed action, and reasonable
opportunity shall be given to members of the public and
representatives of those units to present their views on the proposed
action.
SEC. 514. SEC. 467. Section 14111 of
the Penal Code is amended to read:
14111. The Legislature further finds that:
(a) It is in the public interest to translate the findings of the
California Commission on Crime Control and Violence Prevention into
community-empowering, community-activated violence prevention efforts
that would educate, inspire, and inform the citizens of California
about, coordinate existing programs relating to, and provide direct
services addressing the root causes of, violence in California.
(b) The recommendations in the report of the commission can serve
as both the foundation and guidelines for short-, intermediate-, and
long-term programs to address and alleviate violence in California.
(c) It is in the public interest to facilitate the highest degree
of coordination between, cooperation among, and utilization of
public, nonprofit, and private sector resources, programs, agencies,
organizations, and institutions toward maximally successful violence
prevention and crime control efforts.
(d) Prevention is a sound fiscal, as well as social, policy
objective. Crime and violence prevention programs can and should
yield substantially beneficial results with regard to the exorbitant
costs of both violence and crime to the public and private sectors.
(e) The Office of Emergency Services is the appropriate state
agency to contract for programs addressing the root causes of
violence.
SEC. 515. SEC. 468. Section 14112 of
the Penal Code is amended to read:
14112. The Legislature therefore intends:
(a) To develop community violence prevention and conflict
resolution programs, in the state, based upon the recommendations of
the California Commission on Crime Control and Violence Prevention,
that would present a balanced, comprehensive educational,
intellectual, and experiential approach toward eradicating violence
in our society.
(b) That these programs shall be regulated, and funded pursuant to
contracts with the Office of Emergency Services.
SEC. 516. SEC. 469. Section 14113 of
the Penal Code is amended to read:
14113. Unless otherwise required by context, as used in this
title:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "Secretary" or "director" means the Director of Emergency
Services.
SEC. 517. SEC. 470. Section 14117 of
the Penal Code is amended to read:
14117. (a) Each program shall have a governing board or an
interagency coordinating team, or both, of at least nine members
representing a cross section of existing and recipient,
community-based, public and private persons, programs, agencies,
organizations, and institutions. Each team shall do all of the
following:
(1) As closely as possible represent the socioeconomic, ethnic,
linguistic, and cultural makeup of the community and shall evidence
an interest in and commitment to the categorical areas of violence
prevention and conflict resolution.
(2) Be responsible for the implementation, evaluation, and
operation of the program and all its constituent elements, including
those specific direct services as may be provided pursuant to Section
14115.
(3) Be accountable for the distribution of all funds.
(4) Designate and appoint a responsible administrative authority
acceptable to the Office of Emergency Services prior to the receipt
of a grant.
(5) Submit an annual report to the Office of Emergency Services,
which shall include information on all of the following:
(A) The number of learning events.
(B) The number of persons trained.
(C) An overview of the changing level of information regarding
root causes of violence.
(D) An overview of the changing level of attitude regarding root
causes of violence.
(E) The changing level of behavior regarding root causes of
violence.
(F) The degree to which the program has been successful in
satisfying the requirements set forth in subdivisions (e) and (f) of
Section 14114.
(G) Other measures of program efficacy as specified by the Office
of Emergency Services.
(b) Coordinating teams established under this section may adopt
local policies, procedures, and bylaws consistent with this title.
SEC. 518. SEC. 471. Section 14118 of
the Penal Code is amended to read:
14118. (a) The Office of Emergency Services shall prepare and
issue written program, fiscal, and administrative guidelines for the
contracted programs that are consistent with this title, including
guidelines for identifying recipient programs, agencies,
organizations, and institutions, and organizing the coordinating
teams. The Office of Emergency Services shall then issue a request
for proposals. The responses to the request for proposals shall be
rated according to the priorities set forth in subdivision (b) and
additional criteria established by the guidelines. The highest rated
responses shall be selected. The Office of Emergency Services shall
do all of the following:
(1) Subject the proposed program and administrative guidelines to
a 30-day period of broad public evaluation with public hearings
commencing in May 1985, prior to adoption, including specific
solicitation of input from culturally, geographically,
socioeconomically, educationally, and ethnically diverse persons,
programs, agencies, organizations, and institutions.
(2) Provide adequate public notice of the public evaluation around
the state in major metropolitan and rural newspapers and related
media outlets, and to local public, private, and nonprofit human
service executives and advisory boards, and other appropriate persons
and organizations.
(3) Establish a mechanism for obtaining, evaluating, and
incorporating when appropriate and feasible, public input regarding
the written program and administrative guidelines prior to adoption.
(b) Applicants for contracts under this title may be existing
community-based public and nonprofit programs, agencies,
organizations, and institutions, newly developed nonprofit
corporations, or joint proposals from combinations of either or both
of the above.
SEC. 519. SEC. 472. Section 14119 of
the Penal Code is amended to read:
14119. (a) The Office of Emergency Services shall promote,
organize, and conduct a series of one-day crime and violence
prevention training workshops around the state. The Office of
Emergency Services shall seek participation in the workshops from
ethnically, linguistically, culturally, educationally, and
economically diverse persons, agencies, organizations, and
institutions.
(b) The training workshops shall have all of the following goals:
(1) To identify phenomena which are thought to be root causes of
crime and violence.
(2) To identify local manifestations of those root causes.
(3) To examine the findings and recommendations of the California
Commission on Crime Control and Violence Prevention.
(4) To focus on team building and interagency cooperation and
coordination toward addressing the local problems of crime and
violence.
(5) To examine the merits and necessity of a local crime and
violence prevention effort.
(c) There shall be at least three workshops.
SEC. 520. SEC. 473. Section 14120 of
the Penal Code is amended to read:
14120. (a) Programs shall be funded, depending upon the
availability of funds, for a period of two years.
(b) The Office of Emergency Services shall provide 50 percent of
the program costs, to a maximum amount of fifty thousand dollars
($50,000) per program per year. The recipient shall provide the
remaining 50 percent with other resources which may include in-kind
contributions and services. The administrative expenses for the pilot
programs funded under Section 14120 shall not exceed 10 percent.
(c) Programs should be seeking private sector moneys and
developing ways to become self-sufficient upon completion of pilot
program funding.
(d) The recipient programs shall be responsible for a yearend
independent audit.
(e) The Office of Emergency Services shall do an interim
evaluation of the programs, commencing in July 1986, and shall report
to the Legislature and the people with the results of the evaluation
prior to October 31, 1986. The evaluation shall include, but not be
limited to, an assessment and inventory of all of the following:
(1) The number of learning events.
(2) The number of persons trained.
(3) The changing level of information regarding root causes of
violence.
(4) The changing level of attitude regarding root causes of
violence.
(5) The changing level of behavior regarding root causes of
violence.
(6) The reduced level of violence in our society.
(7) The degree to which the program has succeeded in reaching and
impacting positively upon local ethnic, cultural, and socioeconomic
groups in the service area.
A final evaluation shall be made with a report prior to October
31, 1987, which shall also include specific recommendations to the
Legislature and the people of this state regarding methods and means
by which these violence prevention and crime control programmatic
efforts can be enhanced and improved.
SEC. 521. SEC. 474. Section 14121 of
the Penal Code is amended to read:
14121. The Office of Emergency Services may hire support staff
and utilize resources necessary to carry out the purposes of this
title.
SEC. 522. SEC. 475. Section 14140 of
the Penal Code is amended to read:
14140. (a) Each county is authorized and encouraged to create a
county task force on violent crimes against women. The board of
supervisors of a county which elects to create a task force under
this section shall notify the Office of Emergency Services that the
county is establishing, by appointment, a countywide task force. Each
county task force shall develop a countywide policy on violent
crimes against women.
(b) The Office of Emergency Services may provide technical
assistance to, and collect and disseminate information on, the county
task forces established under this section.
SEC. 523. Section 12101 of the Public Contract
Code is amended to read:
12101. It is the intent of the Legislature that policies
developed by the Department of Technology and procedures developed by
the Department of General Services in accordance with Section 12102
provide for the following:
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 524. Section 12103 of the Public Contract
Code is amended to read:
12103. In addition to the mandatory requirements enumerated in
Section 12102, the acquisition policies developed and maintained by
the Department of Technology and procedures developed and maintained
by the Department of General Services in accordance with this chapter
may provide for the following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 525. Section 12104 of the Public Contract
Code is amended to read:
12104. (a) (1) Commencing on or before January 1, 2007, the State
Contracting Manual shall set forth all procedures and methods that
shall be used by the department when seeking to obtain bids for the
acquisition of information technology.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's Internet homepage.
(b) The department, in consultation with the Department of
Technology, shall develop, implement, and maintain standardized
methods for the development of information technology requests for
proposals.
(c) All information technology requests for proposals shall be
reviewed by the Department of Technology and the Department of
General Services prior to release to the public.
SEC. 526. Section 12105 of the Public Contract
Code is amended to read:
12105. The Department of General Services and the Department of
Technology shall coordinate in the development of policies and
procedures that implement the intent of this chapter. The Department
of Technology shall have the final authority in the determination of
any general policy and the Department of General Services shall have
the final authority in the determination of any procedures.
SEC. 527. Section 12120 of the Public Contract
Code is amended to read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
All contracts for the acquisition of telecommunications services and
all contracts for the acquisition of telecommunications goods,
whether by lease or purchase, shall be made by, or under the
supervision of, the Department of Technology. All acquisitions shall
be accomplished in accordance with Chapter 3 (commencing with Section
12100), relating to the acquisition of information technology goods
and services, except to the extent any directive or provision is
uniquely applicable to information technology acquisitions. The
department shall have responsibility for the establishment of policy
and procedures for telecommunications. The department shall have
responsibility for the establishment of tactical policy and
procedures for information technology and telecommunications
acquisitions consistent with statewide strategic policy. The Trustees
of the California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
department with regard to acquisition of telecommunications goods and
services by the California State University and the California
Community Colleges, respectively. The trustees and the board shall
each grant to the agency an opportunity to bid whenever the
university or the college system solicits bids for telecommunications
goods and services.
SEC. 476. Section 12120 of the Public
Contract Code , as amended by Assembly Bill 76 of the
2013-14 Regular Session, is amended to read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
Any contract for the acquisition of telecommunications services and
any contract for the acquisition of telecommunications goods, whether
by lease or purchase, shall be made by, or under the supervision of,
the Department of Technology. Any acquisition shall be accomplished
in accordance with Chapter 3 (commencing with Section 12100),
relating to the acquisition of information technology goods and
services, except to the extent any directive or provision is uniquely
applicable to information technology acquisitions. The Department of
Technology shall have responsibility for the establishment of policy
and procedures for telecommunications. The Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
agency department with regard to
acquisition of telecommunications goods and services by the
California State University and the California Community Colleges,
respectively. The trustees and the board shall each grant to the
agency department an opportunity to bid
whenever the university or the college system solicits bids for
telecommunications goods and services.
SEC. 528. Section 12121 of the Public Contract
Code is amended to read:
12121. As used in this chapter:
(a) "Department" means the Department of Technology.
(b) "Tactical policy" means the policies of an organization
necessary to direct operational staff in carrying out their
day-to-day activities.
(c) "Strategic policy" means policy which defines the goals and
objectives for an organization.
SEC. 529. SEC. 477. Section 715 of
the Public Resources Code is amended to read:
715. The Department of Forestry and Fire Protection, in
cooperation with the Office of Emergency Services, shall develop a
program to certify active duty military pilots to engage in
firefighting in the state.
SEC. 530. SEC. 478. Section 2802 of
the Public Resources Code is amended to read:
2802. (a) The department shall develop jointly with the United
States Geological Survey a prototype earthquake prediction system
along the central San Andreas fault near the City of Parkfield.
(b) The system shall include a dense cluster of seismic and
crustal deformation instrumentation capable of monitoring geophysical
and geochemical phenomena associated with earthquakes in the region.
These data shall be analyzed continuously to determine if precursory
anomalies can be identified with sufficient certainty to make a
short-term prediction. The department shall not duplicate any of the
ongoing efforts of the United States Geological Survey or any public
or private college or university in the development of this system.
(c) In meeting its obligations under this chapter, the department
shall develop, in cooperation with the United States Geological
Survey, a plan for completion of the Parkfield instrumentation
network. The plan shall provide for all of the following:
(1) Augmentation of monitoring instruments with the goal of
detecting precursors of the Parkfield characteristic earthquake.
(2) Operation by the department of a remote data review station in
Sacramento which will provide state scientists with data from the
Parkfield prototype earthquake prediction system and other data, as
required, to advise the Office of Emergency Services of the
occurrence of precursors and verification of the predicted event.
(3) Advising the United States Geological Survey, the Office of
Emergency Services, the Seismic Safety Commission, and the California
Earthquake Prediction Evaluation Council, regarding the department's
review of Parkfield data.
(d) On January 1, 1987, the department shall issue a progress
report to the Governor, the Legislature, and the Seismic Safety
Commission. An annual progress report shall be made each year
thereafter. The project shall terminate on January 1, 1992, unless
extended by statute.
SEC. 531. SEC. 479. Section 2803 of
the Public Resources Code is amended to read:
2803. (a) Concurrently with the development of the Parkfield
prototype earthquake prediction system, the Office of Emergency
Services, in consultation with the California Earthquake Prediction
Evaluation Council, shall develop a comprehensive emergency response
plan for short-term earthquake predictions. The plan shall include
all of the following:
(1) A method of peer review involving the California Earthquake
Prediction Evaluation Council to evaluate the validity of short-term
earthquake predictions and to develop guidelines for initiating state
action in response to anomalous geochemical and geophysical
phenomena.
(2) A means of rapidly activating governmental response to a
predicted event.
(3) Plans for mitigating earthquake losses to vulnerable
populations, including, but not limited to, drawdown of impoundment
levels behind dams, positioning of emergency equipment in safe areas,
and mobilization of firefighting, law enforcement, rescue, and
medical personnel.
(4) A public warning system.
(5) Strategies for dealing with earthquake predictions that fail
to occur (false alarms) and the failure of an earthquake prediction
system to forecast a damaging event.
(b) The Office of Emergency Services shall consult with the
department, the Seismic Safety Commission, the United States
Geological Survey, and the Federal Emergency Management Agency in the
development of the plan.
SEC. 532. SEC. 480. Section 2811 of
the Public Resources Code is amended to read:
2811. As used in this chapter:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "Commission" means the Seismic Safety Commission.
(c) "Local jurisdiction" means a city, county, or district.
(d) "Preparedness" means long-term preearthquake hazard
mitigation, reconstruction, and recovery planning and preparation for
emergency response.
SEC. 533. SEC. 481. Section 2814 of
the Public Resources Code is amended to read:
2814. The earthquake preparedness activities established under
this chapter shall be carried out by the Office of Emergency
Services. The commission and Office of Emergency Services shall work
together and use appropriate scientific information and
recommendations provided by the division. Other arrangements to
coordinate the activities established by this chapter shall be made,
through mutual agreement, by the commission and the Office of
Emergency Services. A local advisory board shall be established to
provide advice and guidance on project activities in the Counties of
San Diego, Imperial, and Santa Barbara.
SEC. 534. SEC. 482. Section 2815 of
the Public Resources Code is amended to read:
2815. The Office of Emergency Services may enter into agreements
with local, regional, and federal agencies, councils of government,
and private organizations and contractors, and may receive and expend
funds provided by those entities in support of comprehensive
earthquake preparedness programs authorized by this chapter. The
commission and Office of Emergency Services shall seek assistance
from appropriate federal agencies.
SEC. 535. SEC. 483. Section 3233 of
the Public Resources Code is amended to read:
3233. (a) The division may develop field rules which establish
volumetric thresholds for emergency reporting by the operator of oil
discharges to land associated with onshore drilling, exploration, or
production operations, where the oil discharges, because of the
circumstances established pursuant to paragraph (1) of subdivision
(c), cannot pass into or threaten the waters of the state. The
division may not adopt field rules under this section, unless the
State Water Resources Control Board and the Department of Fish and
Game first concur with the volumetric reporting thresholds contained
in the proposed field rules. Subchapter 1 (commencing with Section
1710) of Chapter 4 of Division 2 of Title 14 of the California Code
of Regulations shall apply to the adoption and implementation of
field rules authorized by this section.
(b) The authority granted to the division pursuant to subdivision
(a) shall apply solely to oil fields located in the San Joaquin
Valley, as designated by the division. The division shall adopt the
field rules not later than January 1, 1998.
(c) For purposes of implementing this section, the division, the
State Water Resources Control Board, and the Department of Fish and
Game shall enter into an agreement that defines the process for
establishing both of the following:
(1) The circumstances, such as engineered containment, under which
oil discharges cannot pass into or threaten the waters of this
state.
(2) The volumetric reporting thresholds that are applicable under
the circumstances established pursuant to paragraph (1).
(d) In no case shall a reporting threshold established in the
field rules, where the oil discharge cannot pass into or threaten the
waters of this state, be less than one barrel (42 gallons), unless
otherwise established by federal law or regulation. Until field rules
are adopted, emergency reporting of oil discharges shall continue as
required by existing statute and regulations.
(e) An operator who discharges oil in amounts less than the
volumetric thresholds adopted by the division pursuant to this
section is exempt from all applicable state and local reporting
requirements. Discharges of oil in amounts equal to, or greater than,
the volumetric thresholds adopted by the division pursuant to this
section shall be immediately reported to the Office of Emergency
Services which shall inform the division and other local or state
agencies as required by Section 8589.7 of the Government Code.
Reporting to the Office of Emergency Services shall be deemed to be
in compliance with all applicable state and local reporting
requirements.
(f) Oil discharges below the reporting thresholds established in
the field rules shall be exempt from the emergency notification or
reporting requirements, and any penalties provided for nonreporting,
established under paragraph (1) of subdivision (a) of
Section 13260 of the Water Code,
subdivisions (a), (c), and (e) of Section 13272 of the Water Code,
Section 25507 of the Health and Safety Code, Sections 8670.25.5 and
51018 of the Government Code, and subdivision (h) of Section 1722 of
Title 14 of the California Code of Regulations. Oil discharge
reporting requirements under Section 51018 of the Government Code
shall be applicable if a spill involves a fire or explosion.
(g) This section shall not affect existing reporting or
notification requirements under federal law.
(h) Nothing in this section shall be construed to relieve any
party of any responsibility established by statute, regulation, or
order, to clean up or remediate any oil discharge, whether reportable
or exempt pursuant to this section.
(i) Reporting provided pursuant to this section is not intended to
prohibit any department or agency from seeking and obtaining any
supplemental postreporting information to which the department or
agency might otherwise be entitled.
(j) For purposes of this section, "oil" means naturally occurring
crude oil.
SEC. 536. SEC. 484. Section 5075.8
of the Public Resources Code is amended to read:
5075.8. (a) The department may convene a planning task force in
order to facilitate the development of a comprehensive plan for the
San Joaquin River Parkway.
The task force shall include, but not be limited to, a
representative of the following entities:
(1) State Lands Commission.
(2) Department of Parks and Recreation.
(3) Department of Fish and Game.
(4) State Reclamation Board.
(5) County of Fresno.
(6) County of Madera.
(7) City of Fresno.
(8) Fresno County and City Chamber of Commerce.
(9) Fresno Sand and Gravel Producers.
(10) San Joaquin River Property Owners Association.
(11) Upper San Joaquin River Association.
(12) San Joaquin River Parkway and Conservation Trust.
(13) San Joaquin River Committee.
(b) The plan shall be submitted to the Legislature not later than
June 1, 1991.
SEC. 537. SEC. 485. Section 5099.12
of the Public Resources Code is amended to read:
5099.12. Of the annual apportionment of funds received by the
director pursuant to this chapter, 60 percent shall be allocated for
local governmental agency projects and 40 percent for state agency
projects. The state agency share shall be disbursed to the following
state agencies in the following percentages: 60 percent to the
Department of Parks and Recreation; 35 percent to the Wildlife
Conservation Board or the Department of Fish and Game; and 5 percent
to the Department of Water Resources. The State Coastal Conservancy
established pursuant to Section 31100 is eligible to compete for
grants of funds for projects of an outdoor recreational nature from
the 6 percent contingency fund established by this section.
If either the state or local governmental agencies are unable to
utilize their allocation of funds, the director shall allocate the
uncommitted funds to those state or local governmental agencies that
are in position to take advantage of the funds during the year in
which they are allocated. The 60-percent allocation for local
governmental agency projects and the 40-percent allocation to state
agency projects shall not be computed until the costs of maintaining
and keeping up to date the plan required pursuant to Section 5099.2
and an additional 6 percent for deposit to a contingency fund have
been deducted.
SEC. 538. SEC. 486. Section 10002 of
the Public Resources Code is amended to read:
10002. The Director of Fish and Game shall prepare proposed
streamflow requirements, which shall be specified in terms of cubic
feet of water per second, for each stream or watercourse identified
pursuant to Section 10001. In developing the requirements for each
stream, the director shall consult with the Director of Water
Resources, the Director of Parks and Recreation and with all affected
local governments. The Director of Fish and Game may also consult
with any private individuals, groups, or organizations as the
director deems advisable. Upon completion of the proposed streamflow
requirements for any individual stream or watercourse, the Director
of Fish and Game shall transmit these proposed requirements to the
State Water Resources Control Board. The State Water Resources
Control Board shall consider these requirements within a stream as
set forth in Section 1257.5 of the Water Code. The Director of Fish
and Game shall complete the preparation of proposed requirements for
the initial streams not later than July 1, 1989.
The Department of Fish and Game may contract for temporary
services for purposes of preparing the proposed streamflow
requirements.
SEC. 539. SEC. 487. Section 25402.9
of the Public Resources Code is amended to read:
25402.9. (a) On or before July 1, 1996, the commission shall
develop, adopt, and publish an informational booklet to educate and
inform homeowners, rental property owners, renters, sellers, brokers,
and the general public about the statewide home energy rating
program adopted pursuant to Section 25942.
(b) In the development of the booklet, the commission shall
consult with representatives of the Bureau of Real Estate, the
Department of Housing and Community Development, the Public Utilities
Commission, investor-owned and municipal utilities, cities and
counties, real estate licensees, home builders, mortgage lenders,
home appraisers and inspectors, home energy rating organizations,
contractors who provide home energy services, consumer groups, and
environmental groups.
(c) The commission shall charge a fee for the informational
booklet to recover its costs under subdivision (a).
SEC. 540. SEC. 488. Section 25701 of
the Public Resources Code is amended to read:
25701. (a) Within six months after the effective date of this
division, each electric utility, gas utility, and fuel wholesaler or
manufacturer in the state shall prepare and submit to the commission
a proposed emergency load curtailment plan or emergency energy supply
distribution plan setting forth proposals for identifying priority
loads or users in the event of a sudden and serious shortage of fuels
or interruption in the generation of electricity.
(b) The commission shall encourage electric utilities to cooperate
in joint preparation of an emergency load curtailment plan or
emergency energy distribution plan. If such a cooperative plan is
developed between two or more electric utilities, such utilities may
submit such joint plans to the commission in place of individual
plans required by subdivision (a) of this section.
(c) The commission shall collect from all relevant governmental
agencies, including, but not limited to, the Public Utilities
Commission and the Office of Emergency Services, any existing
contingency plans for dealing with sudden energy shortages or
information related thereto.
SEC. 541. SEC. 489. Section 25943 of
the Public Resources Code is amended to read:
25943. (a) (1) By March 1, 2010, the commission shall establish a
regulatory proceeding to develop and implement a comprehensive
program to achieve greater energy savings in California's existing
residential and nonresidential building stock. This program shall
comprise a complementary portfolio of techniques, applications, and
practices that will achieve greater energy efficiency in existing
residential and nonresidential structures that fall significantly
below the current standards in Title 24 of the California Code of
Regulations, as determined by the commission.
(2) The comprehensive program may include, but need not be limited
to, a broad range of energy assessments, building benchmarking,
energy rating, cost-effective energy efficiency improvements, public
and private sector energy efficiency financing options, public
outreach and education efforts, and green workforce training.
(b) To develop and implement the program specified in subdivision
(a), the commission shall do both of the following:
(1) Coordinate with the Public Utilities Commission and consult
with representatives from the Bureau of Real Estate, the Department
of Housing and Community Development, investor-owned and publicly
owned utilities, local governments, real estate licensees, commercial
and home builders, commercial property owners, small businesses,
mortgage lenders, financial institutions, home appraisers,
inspectors, energy rating organizations, consumer groups,
environmental and environmental justice groups, and other entities
the commission deems appropriate.
(2) Hold at least three public hearings in geographically diverse
locations throughout the state.
(c) In developing the requirements for the program specified in
subdivision (a), the commission shall consider all of the following:
(1) The amount of annual and peak energy savings, greenhouse gas
emission reductions, and projected customer utility bill savings that
will accrue from the program.
(2) The most cost-effective means and reasonable timeframes to
achieve the goals of the program.
(3) The various climatic zones within the state.
(4) An appropriate method to inform and educate the public about
the need for, benefits of, and environmental impacts of, the
comprehensive energy efficiency program.
(5) The most effective way to report the energy assessment results
and the corresponding energy efficiency improvements to the owner of
the residential or nonresidential building, including, among other
things, the following:
(A) Prioritizing the identified energy efficiency improvements.
(B) The payback period or cost-effectiveness of each improvement
identified.
(C) The various incentives, loans, grants, and rebates offered to
finance the improvements.
(D) Available financing options including all of the following:
(i) Mortgages or sales agreement components.
(ii) On-bill financing.
(iii) Contractual property tax assessments.
(iv) Home warranties.
(6) Existing statutory and regulatory requirements to achieve
energy efficiency savings and greenhouse gas emission reductions.
(7) A broad range of implementation approaches, including both
utility and nonutility administration of energy efficiency programs.
(8) Any other considerations deemed appropriate by the commission.
(d) The program developed pursuant to this section shall do all of
the following:
(1) Minimize the overall costs of establishing and implementing
the comprehensive energy efficiency program requirements.
(2) Ensure, for residential buildings, that the energy efficiency
assessments, ratings, or improvements do not unreasonably or
unnecessarily affect the home purchasing process or the ability of
individuals to rent housing. A transfer of property subject to the
program implemented pursuant to this section shall not be invalidated
solely because of the failure of a person to comply with a provision
of the program.
(3) Ensure, for nonresidential buildings, that the energy
improvements do not have an undue economic impact on California
businesses.
(4) Determine, for residential buildings, the appropriateness of
the Home Energy Rating System (HERS) program to support the goals of
this section and whether there are a sufficient number of
HERS-certified raters available to meet the program requirements.
(5) Determine, for nonresidential structures, the availability of
an appropriate cost-effective energy efficiency assessment system and
whether there are a sufficient number of certified raters or
auditors available to meet the program requirements.
(6) Coordinate with the California Workforce Investment Board, the
Employment Training Panel, the California Community Colleges, and
other entities to ensure a qualified, well-trained workforce is
available to implement the program requirements.
(7) Coordinate with, and avoid duplication of, existing
proceedings of the Public Utilities Commission and programs
administered by utilities.
(e) A home energy rating or energy assessment service does not
meet the requirements of this section unless the service has been
certified by the commission to be in compliance with the program
criteria developed pursuant to this section and is in conformity with
other applicable elements of the program.
(f) The commission shall periodically update the criteria and
adopt any revision that, in its judgment, is necessary to improve or
refine program requirements after receiving public input.
(g) Before implementing an element of the program developed
pursuant to subdivision (a) that requires the expansion of statutory
authority of the commission or the Public Utilities Commission, the
commission and the Public Utilities Commission shall obtain
legislative approval for the expansion of their authorities.
(h) The commission shall report on the status of the program in
the integrated energy policy report pursuant to Section 25302.
(i) The commission shall fund activities undertaken pursuant to
this section from the Federal Trust Fund consistent with the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or
other sources of nonstate funds available to the commission for the
purposes of this section.
(j) For purposes of this section, "energy assessment" means a
determination of an energy user's energy consumption level, relative
efficiency compared to other users, and opportunities to achieve
greater efficiency or improve energy resource utilization.
SEC. 542. SEC. 490. Section 29735 of
the Public Resources Code is amended to read:
29735. There is hereby created the Delta Protection Commission
consisting of 15 members as follows:
(a) One member of the board of supervisors, or his or her
designee, of each of the five counties within the Delta whose
supervisorial district is within the primary zone shall be appointed
by the board of supervisors of each of those respective counties.
(b) (1) Two elected city council members shall be selected and
appointed by city selection committees, from the appropriate regions
specified in subparagraphs (A) and (B), one in each of the following
areas:
(A) One from the south Delta, consisting of the County of San
Joaquin.
(B) One from the west Delta, from either the County of Contra
Costa or the County of Solano, on a rotating basis.
(2) One elected city council member shall be selected and
appointed by city selection committees, from regional and area
councils of government from the north Delta, consisting of the
Counties of Yolo and Sacramento.
(3) A city council member appointed pursuant to this subdivision
may select a designee for purposes of this subdivision.
(4) Notwithstanding Section 29736, the term of office of the
members selected pursuant to this subdivision shall be two years.
(c) One member each from the board of directors of three different
reclamation districts that are located within the primary zone who
are residents of the Delta, and who are elected by the trustees of
reclamation districts pursuant to paragraphs (1), (2), and (3). Each
reclamation district may nominate one director to be a member. The
member from an area described in paragraph (1), (2), or (3) shall be
selected from among the nominees by a majority vote of the
reclamation districts in that area. A member selected pursuant to
this subdivision may select a designee for this purpose. For the
purposes of this section, each reclamation district shall have one
vote. Reclamation district members shall consist of the following:
(1) One member from the area of the North Delta Water Agency as
described in Section 9.1 of the North Delta Water Agency Act (Chapter
283 of the Statutes of 1973).
(2) One member from an area including the west Delta consisting of
the area of the County of Contra Costa within the Delta and within
the Central Delta Water Agency as described in Section 9.1 of the
Central Delta Water Agency Act (Chapter 1133 of the Statutes of
1973).
(3) One member from the area of the South Delta Water Agency as
described in Section 9.1 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973).
(d) The Secretary of Food and Agriculture, or the secretary's sole
designee.
(e) The executive officer of the State Lands Commission, or the
executive officer's sole designee.
(f) The Secretary of the Natural Resources Agency, or his or her
sole designee.
(g) The Secretary of Transportation, or his or her sole designee.
SEC. 543. SEC. 491. Section 30169 of
the Public Resources Code is amended to read:
30169. (a) The Legislature hereby finds and declares that a
dispute exists as to the proper location of the inland boundary of
the coastal zone in the area commonly known as Aliso Viejo and that,
after extensive review of the history of this boundary segment, the
criteria utilized to establish the boundary in 1976, and the relevant
topographical information, it is possible to reach differing
conclusions of equal validity regarding the proper location of the
coastal zone boundary. The Legislature further finds that it is not
possible to determine objectively which ridgeline feature in the
Aliso Viejo area most closely approximates the boundary criteria
utilized by the Legislature in 1976, and that it is in the best
public interest to resolve the current boundary dispute in order to
avoid further delay in the completion of the local coastal program
for Orange County. The Legislature further finds that a timely
resolution of this boundary dispute can best be accomplished by
adjusting the coastal zone boundary in the manner set forth in this
section and within the general framework of Section 30103 and
consistent with the need to protect the coastal resources of the
Aliso Viejo area and to carry out the requirements of Section 30213.
(b) In the Aliso Creek area of Orange County approximately 286
acres are added and approximately 1,020 acres are excluded as
specifically shown on maps 28A and 28B dated April 15, 1980, and
filed on April 22, 1980, with the office of the Secretary of State
and which are on file in the office of the commission. The maps are
hereby adopted by reference. The changes made in the inland boundary
of the coastal zone by this section are in addition to any changes
made by any map referred to in Section 30150, except to the extent
that the changes made by this section affect a segment of the
boundary previously changed by the map, in which case the changes
made by this section shall supersede any of those previous changes.
(c) The executive director of the commission may adjust the
precise location of the inland boundary of the coastal zone not more
than 100 yards in either a seaward or landward direction in order to
conform the precise boundary location to the specific limits of
development adjacent to the coastal zone boundary as shown on maps
28A and 28B. However, in any subdivided area, the executive director
may adjust the precise location of the inland boundary of the coastal
zone not more than 100 feet in a landward direction in order to
include any development of the first row of lots immediately adjacent
to the boundary as shown on those maps, where the executive director
determines that the adjustment is necessary to ensure that adequate
controls will be applied to the development in order to minimize any
potential adverse effects on the coastal zone resources. The
executive director shall prepare a detailed map showing any of the
changes and shall file a copy of the map with the county clerk.
(d) Prior to the adoption and approval of a drainage control plan
by the County of Orange for the Aliso Viejo Planned Community (as
designated by Amendment No. L. U. 79-1 to the Land Use Element of the
Orange County General Plan), the county shall consult with the
executive director of the commission to ensure that any drainage
control facilities located outside the coastal zone are adequate to
provide for no increase in peak runoff, by virtue of the development
of the Aliso Viejo Planned Community, which would result in adverse
impacts on coastal zone resources.
(e) On or before January 31, 1981, the commission shall, after
public hearing and in consultation with the County of Orange, certify
or reject a local coastal program segment prepared and submitted by
the county on or before August 1, 1980, for the following parcel in
the Aliso Creek area: land owned by the Aliso Viejo Company, a
California corporation, as of April 22, 1980, within the coastal zone
as amended by this section. The local coastal program required by
this subdivision shall, for all purposes of this division, constitute
a certified local coastal program segment for that parcel in the
County of Orange. The segment of the county's local coastal program
for the parcel may be amended pursuant to this division relating to
the amendment of local coastal programs. If the commission neither
certifies nor rejects the submitted local coastal program within the
time limit specified in this subdivision, the land added to the
coastal zone by this section shall no longer be subject to this
division. It is the intent of the Legislature in enacting this
subdivision, that a procedure to expedite the preparation and
adoption of a local coastal program for that land be established so
that the public and the affected property owner know as soon as
possible what uses are permissible.
(f) The commission, through its executive director, shall enter
into a binding and enforceable agreement with Aliso Viejo Company,
and the agreement shall be recorded as a covenant to run with the
land with no prior liens other than tax and assessment liens
restricting the Aliso Viejo Planned Community. The agreement shall
provide for all of the following:
(1) The Aliso Viejo Company shall provide at least 1,000 units of
for-sale housing to moderate-income persons at prices affordable to a
range of households earning from 81 to 120 percent of the median
income for Orange County as adjusted for family size pursuant to the
commission's housing guidelines on affordable housing dated January
22, 1980, and July 16, 1979, and any additional provisions as agreed
to between the commission and the Aliso Viejo Company as referred to
in this subdivision.
For purposes of this subdivision, median income constitutes the
figure most recently established by the Department of Housing and
Urban Development at the time the public report for the units, or any
portion thereof, is issued by the Bureau of Real Estate. The
affordable units required by this subdivision shall be priced equally
over the moderate-income range and shall reflect a reasonable mix as
to size and number of bedrooms.
(2) The 1,000 units provided pursuant to this subdivision shall be
sold subject to controls on resale substantially as provided in the
commission's housing guidelines on affordable housing, dated January
22, 1980, and July 16, 1979, and any additional provisions as agreed
to between the commission and the Aliso Viejo Company as referred to
in this subdivision. On or before entering the agreement provided for
herein, the Aliso Viejo Company shall enter into an agreement,
approved by the executive director of the commission, with the Orange
County Housing Authority or any other appropriate housing agency
acceptable to the executive director of the commission to provide for
the administration of the resale controls including the
qualification of purchasers.
(3) The 1,000 units provided pursuant to this subdivision may be
dispersed throughout the Aliso Viejo Planned Community, and shall be
completed and offered for sale prior to, or simultaneously with,
other units in the overall project, so that at any time at least 71/2
percent of the units constructed shall be resale-controlled until
the 1,000 units are completed.
(4) The Department of Housing and Community Development and the
County of Orange shall be third party beneficiaries to the agreement
provided in this subdivision and shall have the power to enforce any
and all provisions of the agreement.
(5) This agreement may only be amended upon the determination of
the Aliso Viejo Company or its successors or assigns, the commission,
the Department of Housing and Community Development, and the County
of Orange that the change is necessary in order to prevent adverse
effects on the supply of low- and moderate-income housing
opportunities and to improve the methods of providing the housing at
continually affordable prices.
The Legislature hereby finds and declares that, because the Aliso
Viejo Company, in addition to the 1,000 units of controlled housing
provided in this subdivision, will provide for 2,000 units of
subsidized affordable housing for low income persons and 2,000
affordable housing units for moderate income persons pursuant to the
company's housing program, the purposes of Section 30213 will be met
by enactment of this subdivision. The Legislature further finds and
declares that the general provisions of this subdivision are
specifically described and set forth in letters by Aliso Viejo
Company and the executive director of the commission published in the
Journals of the Senate and the Assembly of the 1979-80 Regular
Session, and it is the intent of the Legislature that the commission
and Aliso Viejo Company conform the agreement provided in this
subdivision to the specific provisions described in the letters.
(g) Notwithstanding any other provision of law, the application of
this division by the commission to the development or use of any
infrastructure necessary and appropriate to serve development within
the portions of the Aliso Viejo Planned Community located inland of
the coastal zone as amended by this section, shall be strictly
limited to addressing direct impacts on coastal zone resources and
shall be carried out in a manner that assures that the infrastructure
will be provided. Furthermore, the commission shall amend without
conditions its prior permit No. A-61-76 to provide for its release of
sewer outfall flow limitations necessary and appropriate to serve
the Aliso Viejo Planned Community located inland of the coastal zone
as amended by this subdivision. For purposes of this subdivision,
"infrastructure" means those facilities and improvements necessary
and appropriate to develop, construct, and serve urban communities,
including but not limited to, streets, roads, and highways;
transportation systems and facilities; schools; parks; water and
sewage systems and facilities; electric, gas, and communications
systems and facilities; and drainage and flood control systems and
facilities. Notwithstanding this subdivision, the commission may
limit, or reasonably condition, the use of the transit corridor in
Aliso Creek Valley to
transit uses, uses approved by the commission that will serve the
Aliso Greenbelt Project prepared by the State Coastal Conservancy,
the provision of access to and from the sewage treatment works in
Aliso Creek Valley, emergency uses, and drainage and flood control
systems and facilities and other services approved pursuant to this
subdivision.
(h) This section shall become operative only when the commission
and Aliso Viejo Company have entered into the binding and enforceable
agreement provided for in this section, and the agreement has been
duly recorded with the county recorder of Orange County.
SEC. 544. SEC. 492. Section 30301 of
the Public Resources Code is amended to read:
30301. The commission shall consist of the following 15 members:
(a) The Secretary of the Resources Agency.
(b) The Secretary of Transportation.
(c) The Chairperson of the State Lands Commission.
(d) Six representatives of the public from the state at large. The
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint two of these members.
(e) Six representatives selected from six coastal regions. The
Governor shall select one member from the north coast region and one
member from the south central coast region. The Speaker of the
Assembly shall select one member from the central coast region and
one member from the San Diego coast region. The Senate Committee on
Rules shall select one member from the north central coast region and
one member from the south coast region. For purposes of this
division, these regions are defined as follows:
(1) The north coast region consists of the Counties of Del Norte,
Humboldt, and Mendocino.
(2) The north central coast region consists of the Counties of
Sonoma and Marin and the City and County of San Francisco.
(3) The central coast region consists of the Counties of San
Mateo, Santa Cruz, and Monterey.
(4) The south central coast region consists of the Counties of San
Luis Obispo, Santa Barbara, and Ventura.
(5) The south coast region consists of the Counties of Los Angeles
and Orange.
(6) The San Diego coast region consists of the County of San
Diego.
SEC. 545. SEC. 493. Section 36300 of
the Public Resources Code is amended to read:
36300. The Ocean Resources Task Force is hereby created in state
government. The task force is composed of the following or their
designee: the Secretary for Environmental Protection, the Secretary
of the Natural Resources Agency, the State Public Health Officer, the
Secretary of Transportation, the Chairperson or Executive Officer of
the State Lands Commission as determined by the commission, the
Chairperson or Executive Director of the California Coastal
Commission as determined by the commission, the Chairperson or
Executive Officer of the Coastal Conservancy as determined by the
conservancy, the Chairperson or Executive Director of the San
Francisco Bay Conservation and Development Commission as determined
by the commission, the Director of Conservation, the Director of Fish
and Game, the Director of Parks and Recreation, the Office of Mine
Reclamation, the Chairperson or Executive Director of the State Water
Resources Control Board as determined by the board, the executive
officer of each California regional water quality control board for a
coastal region, the Director of Finance, the Chairperson or
Executive Director of the State Energy Resources Conservation and
Development Commission as determined by the commission, the
Chairperson of the State Air Resources Board, the Chairperson of the
Senate Committee on Natural Resources and Water, the Chairperson of
the Assembly Committee on Natural Resources, the President of the
University of California, the Chancellor of the California State
University, and the Director of the California Sea Grant program.
SEC. 546. SEC. 494. Section 40400 of
the Public Resources Code is amended to read:
40400. There is in the California Environmental Protection Agency
the Department of Resources Recycling and Recovery. The Department
of Resources Recycling and Recovery shall be administered under the
control of an executive officer known as the Director of Resources
Recycling and Recovery. Any reference in any law or regulation to the
State Solid Waste Management Board, the California Waste Management
Board, or the California Integrated Waste Management Board shall
hereafter apply to the Department of Resources Recycling and
Recovery. The Director of Resources Recycling and Recovery shall hear
and decide appeals of decisions of the Department of Resources
Recycling and Recovery made pursuant to this division.
SEC. 547. SEC. 495. Section 42703 of
the Public Resources Code is amended to read:
42703. (a) Except as provided in subdivision (d), the Department
of Transportation shall require the use of crumb rubber in lieu of
other materials at the following levels for state highway
construction or repair projects that use asphalt as a construction
material:
(1) On and after January 1, 2007, the Department of Transportation
shall use, on an annual average, not less than 6.62 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(2) On and after January 1, 2010, the Department of Transportation
shall use, on an annual average, not less than 8.27 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(3) On and after January 1, 2013, the Department of Transportation
shall use, on an annual average, not less than 11.58 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(b) (1) The annual average use of crumb rubber required in
subdivision (a) shall be achieved on a statewide basis and shall not
require the use of asphalt containing crumb rubber in each individual
project or in a place where it is not feasible to use that material.
(2) On and after January 1, 2007, and before January 1, 2015, not
less than 50 percent of the asphalt pavement used to comply with the
requirements of subdivision (a) shall be rubberized asphalt concrete.
(3) On and after January 1, 2015, the Department of Transportation
may use any material meeting the definition of asphalt containing
crumb rubber, with respect to product type or specification, to
comply with the requirements of subdivision (a).
(c) (1) The Secretary Transportation shall, on or before January 1
of each year, prepare an analysis comparing the cost differential
between asphalt containing crumb rubber and conventional asphalt. The
analysis shall include the cost of the quantity of asphalt product
needed per lane mile paved and, at a minimum, shall include all of
the following:
(A) The lifespan and duration of the asphalt materials.
(B) The maintenance cost of the asphalt materials and other
potential cost savings to the department, including, but not limited
to, reduced soundwall construction costs resulting from noise
reduction qualities of rubberized asphalt concrete.
(C) The difference between each type or specification of asphalt
containing crumb rubber, considering the cost-effectiveness of each
type or specification separately in comparison to the
cost-effectiveness of conventional asphalt paving materials.
(2) Notwithstanding subdivision (a), if, after completing the
analysis required by paragraph (1), the secretary determines that the
cost of asphalt containing crumb rubber exceeds the cost of
conventional asphalt, the Department of Transportation shall continue
to meet the requirement specified in paragraph (1) of subdivision
(a), and shall not implement the requirement specified in paragraph
(2) of subdivision (a). If the secretary determines, pursuant to an
analysis prepared pursuant to paragraph (1), that the cost of asphalt
containing crumb rubber does not exceed the cost of conventional
asphalt, the Department of Transportation shall implement paragraph
(2) of subdivision (a) within one year of that determination, but not
before January 1, 2010.
(3) Notwithstanding subdivision (a), if the Department of
Transportation delays the implementation of paragraph (2) of
subdivision (a), the Department of Transportation shall not implement
the requirement of paragraph (3) of subdivision (a) until three
years after the date the department implements paragraph (2) of
subdivision (a).
(d) For the purposes of complying with the requirements of
subdivision (a), only crumb rubber manufactured in the United States
that is derived from waste tires taken from vehicles owned and
operated in the United States may be used.
(e) The Department of Transportation and the board shall develop
procedures for using crumb rubber and other derived tire products in
other projects.
(f) The Department of Transportation shall notify and confer with
the East Bay Municipal Utility District before using asphalt
containing crumb rubber on a state highway construction or repair
project that overlays district infrastructure.
(g) For purposes of this section the following definitions shall
apply:
(1) "Asphalt containing crumb rubber" means any asphalt pavement
construction, rehabilitation, or maintenance material that contains
reclaimed tire rubber and that is specified for use by the Department
of Transportation.
(2) "Crumb rubber" or "CRM" has the same meaning as defined in
Section 42801.7.
(3) "Rubberized asphalt concrete" or "RAC" means a paving material
that uses an asphalt rubber binder containing an amount of reclaimed
tire rubber that is 15 percent or more by weight of the total blend,
and that meets other specifications for both the physical properties
of asphalt rubber and the application of asphalt rubber, as defined
in the American Society for Testing and Materials (ASTM) Standard
Specification for Asphalt-Rubber Binder.
SEC. 548. SEC. 496. Section 43035 of
the Public Resources Code is amended to read:
43035. (a) The board, in cooperation with the Office of Emergency
Services, shall develop an integrated waste management disaster plan
to provide for the handling, storage, processing, transportation,
and diversion from disposal sites, or provide for disposal at a
disposal site where absolutely necessary, of solid waste, resulting
from a state of emergency or a local emergency, as defined,
respectively, in subdivisions (b) and (c) of Section 8558 of the
Government Code.
(b) The board may adopt regulations, including emergency
regulations, necessary to carry out the integrated waste management
disaster plan.
SEC. 549. Section 75121 of the Public Resources
Code is amended to read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency, the
Secretary for Environmental Protection, the Secretary of
Transportation, the Secretary of California Health and Human
Services, and one member of the public to be appointed by the
Governor. The public member shall have a background in land use
planning, local government, resource protection and management, or
community development or revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
SEC. 497. Section 75121 of the Public
Resources Code , as amended by Assembly Bill 76 of the
2013-14 Regular Session, is amended to read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency, the
Secretary for Environmental Protection, the Secretary of
Business, Transportation and Housing ,
the Secretary of California Health and Human Services, the Secretary
of Business, Consumer Services, and Housing, and one member of the
public to be appointed by the Governor. The public member shall have
a background in land use planning, local government, resource
protection and management, or community development or
revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
SEC. 550. SEC. 498. Section 783 of
the Public Utilities Code is amended to read:
783. (a) The commission shall continue to enforce the rules
governing the extension of service by gas and electrical corporations
to new residential, commercial, agricultural, and industrial
customers in effect on January 1, 1982, except that the commission
shall amend the existing rules to permit applicants for service to
install extensions in accordance with subdivision (f). Except for
periodic review provisions of existing rules, and amendments to
permit installations by an applicant's contractor, the commission
shall not investigate amending these rules or issue any orders or
decisions which amend these rules, unless the investigation or
proceeding for the issuance of the order or decision is conducted
pursuant to subdivision (b).
(b) Whenever the commission institutes an investigation into the
terms and conditions for the extension of services provided by gas
and electrical corporations to new or existing customers, or
considers issuing an order or decision amending those terms or
conditions, the commission shall make written findings on all of the
following issues:
(1) The economic effect of the line and service extension terms
and conditions upon agriculture, residential housing, mobilehome
parks, rural customers, urban customers, employment, and commercial
and industrial building and development.
(2) The effect of requiring new or existing customers applying for
an extension to an electrical or gas corporation to provide
transmission or distribution facilities for other customers who will
apply to receive line and service extensions in the future.
(3) The effect of requiring a new or existing customer applying
for an extension to an electrical or gas corporation to be
responsible for the distribution of, reinforcements of, relocations
of, or additions to that gas or electrical corporation.
(4) The economic effect of the terms and conditions upon projects,
including redevelopment projects, funded or sponsored by cities,
counties, or districts.
(5) The effect of the line and service extension regulations, and
any modifications to them, on existing ratepayers.
(6) The effect of the line and service extension regulations, and
any modifications to them, on the consumption and conservation of
energy.
(7) The extent to which there is cost-justification for a special
line and service extension allowance for agriculture.
(c) The commission shall request the assistance of appropriate
state agencies and departments in conducting any investigation or
proceeding pursuant to subdivision (b), including, but not limited
to, the Transportation Agency, the Department of Food and
Agriculture, the Department of Consumer Affairs, the Bureau of Real
Estate, the Department of Housing and Community Development, and the
Department of Economic and Business Development.
(d) Any new order or decision issued pursuant to an investigation
or proceeding conducted pursuant to subdivision (b) shall become
effective on July 1 of the year which follows the year when the new
order or decision is adopted by the commission, so as to ensure that
the public has at least six months to consider the new order or
decision.
(e) The commission shall conduct any investigation or proceeding
pursuant to subdivision (b) within the commission's existing budget,
and any state agency or department which is requested by the
commission to provide assistance pursuant to subdivision (c) shall
also provide the assistance within the agency's or department's
existing budget.
(f) An electrical or gas corporation shall permit any new or
existing customer who applies for an extension of service from that
corporation to install a gas or electric extension in accordance with
the regulations of the commission and any applicable specifications
of that electrical or gas corporation.
SEC. 551. SEC. 499. Section 883 of
the Public Utilities Code is amended to read:
883. (a) The commission shall, on or before February 1, 2001,
issue an order initiating an investigation and opening a proceeding
to examine the current and future definitions of universal service.
That proceeding shall include public hearings that encourage
participation by a broad and diverse range of interests from all
areas of the state, including, but not limited to, all of the
following:
(1) Consumer groups.
(2) Communication service providers, including all providers of
high-speed access services.
(3) Facilities-based telephone providers.
(4) Information service providers and Internet access providers.
(5) Rural and urban users.
(6) Public interest groups.
(7) Representatives of small and large businesses and industry.
(8) Local agencies.
(9) State agencies, including, but not limited to, all of the
following:
(A) The Government Operations Agency.
(B) The State Department of Education.
(C) The State Department of Public Health.
(D) The California State Library.
(10) Colleges and universities.
(b) The objectives of the proceeding set forth in subdivision (a)
shall include all of the following:
(1) To investigate the feasibility of redefining universal service
in light of current trends toward accelerated convergence of voice,
video, and data, with an emphasis on the role of basic
telecommunications and Internet services in the workplace, in
education and workforce training, access to health care, and
increased public safety.
(2) To evaluate the extent to which technological changes have
reduced the relevance of existing regulatory regimes given their
current segmentation based upon technology.
(3) To receive broad-based input from a cross section of
interested parties and make recommendations on whether video, data,
and Internet service providers should be incorporated into an
enhanced Universal Lifeline Service program, as specified, including
relevant policy recommendations regarding regulatory and statutory
changes and funding options that are consistent with the principles
set forth in subdivision (c) of Section 871.7.
(4) To reevaluate prior definitions of basic service in a manner
that will, to the extent feasible, effectively incorporate the latest
technologies to provide all California residents with all of the
following:
(A) Improved quality of life.
(B) Expanded access to public and private resources for education,
training, and commerce.
(C) Increased access to public resources enhancing public health
and safety.
(D) Assistance in bridging the "digital divide" through expanded
access to new technologies by low income, disabled, or otherwise
disadvantaged Californians.
(5) To assess projected costs of providing enhanced universal
lifeline service in accordance with the intent of this article, and
to delineate the subsidy support needed to maintain the redefined
scope of universal service in a competitive market.
(6) To design and recommend an equitable and broad-based subsidy
support mechanism for universal service in competitive markets in a
manner that conforms with subdivision (c) of Section 871.7.
(7) To develop a process to periodically review and revise the
definition of universal service to reflect new technologies and
markets consistent with subdivision (c) of Section 871.7.
(8) To consider whether similar regulatory treatment for the
provision of similar services is appropriate and feasible.
(c) In conducting its investigation, the commission shall take
into account the role played by a number of diverse but convergent
industries and providers, even though many of these entities are not
subject to economic regulation by the commission or any other
government entity.
(d) The recommendations of the commission shall be consistent with
state policies for telecommunications as set forth in Section 709,
and with all of the following principles:
(1) Universal service shall, to the extent feasible, be provided
at affordable prices regardless of linguistic, cultural, ethnic,
physical, financial, and geographic considerations.
(2) Consumers shall be provided access to all information needed
to allow timely and informed choices about telecommunications
products and services that are part of the universal service program
and how best to use them.
(3) Education, health care, community, and government institutions
shall be positioned as early recipients of new and emerging
technologies so as to maximize the economic and social benefits of
these services.
(e) The commission shall complete its investigation and report to
the Legislature its findings and recommendations on or before January
1, 2002.
SEC. 552. SEC. 500. Section 2774.5
of the Public Utilities Code is amended to read:
2774.5. An electrical corporation or local publicly owned
electric utility shall immediately notify the Commissioner of the
California Highway Patrol, the Office of Emergency Services, and the
sheriff and any affected chief of police of the specific area within
their respective law enforcement jurisdictions that will sustain a
planned loss of power as soon as the planned loss becomes known as to
when and where that power loss will occur. The notification shall
include common geographical boundaries, grid or block numbers of the
affected area, and the next anticipated power loss area designated by
the electrical corporation or public entity during rotating
blackouts.
SEC. 553. Section 2872.5 of the Public
Utilities Code, as amended by Section 64 of Chapter 404 of the
Statutes of 2010, is amended to read:
2872.5. (a) The commission, in consultation with the Office of
Emergency Services and the Department of Technology, shall open an
investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities that
are authorized to use automatic dialing-announcing devices pursuant
to subdivision (e) of Section 2872, to facilitate notification of
affected members of the public of local emergencies. The commission
shall not establish standards for notification systems or standard
notification protocol unless it determines that the benefits of the
standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.
SEC. 554. Section 2892 of the Public Utilities
Code is amended to read:
2892. (a) A provider of commercial mobile radio service, as
defined in Section 216.8, shall provide access for end users of that
service to the local emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code). "911" shall be the primary access number for those
emergency systems. A provider of commercial mobile radio service, in
accordance with all applicable Federal Communication Commission
orders, shall transmit all "911" calls from technologically
compatible commercial mobile radio service communication devices
without requiring user validation or any similar procedure. A
provider of commercial mobile radio service may not charge any
airtime, access, or similar usage charge for any "911" call placed
from a commercial mobile radio service telecommunications device to a
local emergency telephone system.
(b) A "911" call from a commercial mobile radio service
telecommunications device may be routed to a public safety answering
point other than the Department of the California Highway Patrol only
if the alternate routing meets all of the following requirements:
(1) The "911" call originates from a location other than from a
freeway, as defined in Section 23.5 of the Streets and Highways Code,
under the jurisdiction of the Department of the California Highway
Patrol.
(2) The alternate routing is economically and technologically
feasible.
(3) The alternate routing will benefit public safety and reduce
burdens on dispatchers for the Department of the California Highway
Patrol.
(4) The Department of the California Highway Patrol, the
Department of Technology, and the proposed alternate public safety
answering point, in consultation with the wireless industry,
providers of "911" selective routing service, and local law
enforcement officials, determine that it is in the best interest of
the public and will provide more effective emergency service to the
public to route "911" calls that do not originate from a freeway, as
defined in Section 23.5 of the Streets and Highways Code, under the
jurisdiction of the Department of the California Highway Patrol to
another public safety answering point.
SEC. 555. Section 2892.1 of the Public
Utilities Code is amended to read:
2892.1. (a) For purposes of this section, "telecommunications
service" means voice communication provided by a telephone
corporation as defined in Section 234, voice communication provided
by a provider of satellite telephone services, voice communication
provided by a provider of mobile telephony service, as defined in
Section 2890.2, and voice communication provided by a commercially
available facilities-based provider of voice communication services
utilizing voice over Internet Protocol or any successor protocol.
(b) The commission, in consultation with the Office of Emergency
Services and the Department of Technology, shall open an
investigative or other appropriate proceeding to identify the need
for telecommunications service systems not on the customer's premises
to have backup electricity to enable telecommunications networks to
function and to enable the customer to contact a public safety
answering point operator
during an electrical outage, to determine performance criteria
for backup systems, and to determine whether the best practices
recommended by the Network Reliability and Interoperability Council
in December 2005, for backup systems have been implemented by
telecommunications service providers operating in California. If the
commission determines it is in the public interest, the commission
shall, consistent with subdivisions (c) and (d), develop and
implement performance reliability standards.
(c) The commission, in developing any standards pursuant to the
proceeding required by subdivision (b), shall consider current best
practices and technical feasibility for establishing battery backup
requirements.
(d) The commission shall not implement standards pursuant to the
proceeding required by subdivision (b) unless it determines that the
benefits of the standards exceed the costs.
(e) The commission shall determine the feasibility of the use of
zero greenhouse gas emission fuel cell systems to replace diesel
backup power systems.
(f) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding.
SEC. 556. SEC. 501. Section 7551.1
of the Public Utilities Code is amended to read:
7551.1. The Secretary of Transportation may grant to every
railroad corporation whose primary business is the transportation of
passengers the rights-of-way for the location, construction, and
maintenance of its necessary works and for every necessary adjunct
thereto over any portion of highway owned by the State of California
which is not otherwise disposed of or in use, not in any case
exceeding in length or width that which is necessary for the
construction of works and adjuncts, or for the protection thereof,
and in no case to exceed 200 feet in width.
SEC. 557. SEC. 502. Section 7551.3
of the Public Utilities Code is amended to read:
7551.3. (a) To ensure that a fair and reasonable price is paid
for public acquisition of railroad rights-of-way, it is the intent of
the Legislature to have railroad rights-of-way valuation procedures
and guidelines developed and adopted for use when state and federal
funds are expended.
(b) The Secretary of Transportation in collaboration with other
public agencies and within existing resources, shall develop
recommended procedures and guidelines for valuation of railroad
rights-of-way.
(c) The recommended procedures and guidelines shall be transmitted
to the Legislature and Governor on or before March 1, 1994.
SEC. 558. SEC. 503. Section 7661 of
the Public Utilities Code is amended to read:
7661. (a) The commission shall require every railroad corporation
operating in this state to develop, within 90 days of the effective
date of the act adding this section, in consultation with, and with
the approval of, the Office of Emergency Services, a protocol for
rapid communications with the Office of Emergency Services, the
Department of the California Highway Patrol, and designated county
public safety agencies in an endangered area if there is a runaway
train or any other uncontrolled train movement that threatens public
health and safety.
(b) A railroad corporation shall promptly notify the Office of
Emergency Services, the Department of the California Highway Patrol,
and designated county public safety agencies, through a communication
to the Warning Center of the Office of Emergency Services, if there
is a runaway train or any other uncontrolled train movement that
threatens public health and safety, in accordance with the railroad
corporation's communications protocol developed pursuant to
subdivision (a).
(c) The notification required pursuant to subdivision (b) shall
include the following information, whether or not an accident or
spill occurs:
(1) The information required by subdivision (c) of Section 7673.
(2) In the event of a runaway train, a train list.
(3) In the event of an uncontrolled train movement or uncontrolled
movement of railcars, a track list or other inventory document if
available.
(d) The consumer protection and safety division shall investigate
any incident that results in a notification required pursuant to
subdivision (b), and shall report its findings concerning the cause
or causes to the commission. The commission shall include the
division's report in its report to the Legislature pursuant to
Section 7711.
SEC. 559. SEC. 504. Section 7662 of
the Public Utilities Code is amended to read:
7662. (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.
(2) Whistle post signs shall be deemed to satisfy this
requirement.
(b) (1) Whenever a railroad issues written or verbal instructions
to employees that may restrict or stop train movements because of
track conditions, structures, persons, or equipment working,
appropriate flags that are readily visible and easily recognizable to
the crews on both passenger and freight trains shall be displayed as
quickly as practicable. Yellow flags shall be used for temporary
speed restrictions, consistent with paragraphs (2) and (3).
Yellow-red flags shall be used, consistent with paragraphs (4) and
(5), when a train may be required to stop.
(2) Yellow flags shall be used to warn trains to restrict movement
because of track conditions or structures. Except as provided in
paragraph (3), a yellow flag shall be displayed two miles before the
restricted area in order to ensure that train movement is restricted
at the proper location.
(3) When the restricted area is close to a terminal, junction, or
another area, the yellow flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(4) Yellow-red flags shall be used to warn trains to be prepared
to stop because of persons or equipment working. A yellow-red flag
shall be displayed two miles before the restricted area in order to
ensure that the train is prepared to stop at the proper location.
(5) When the restricted area is close to a terminal, junction, or
other area, the yellow-red flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(6) Flags shall be displayed only on the track affected and shall
be displayed to the right side of the track as viewed from the
approaching train. The flags shall be displayed to protect all
possible access to the restricted area.
(c) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive engineer within the locomotive cab, and
shall be kept in good repair and replaced when necessary.
(d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" or "W" or other identifiable mark or symbol
on a square plate mounted on a post, shall be readily visible to a
locomotive engineer within the locomotive cab, shall be kept in good
repair, and shall be replaced when necessary.
(e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
(f) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state, on or
after January 1, 2007.
(g) A railroad corporation shall provide immediate notification to
the Office of Emergency Services of accidents, incidents, and other
events, concurrent with those provided to the Federal Railroad
Administration's National Response Center, as required by Part 225.9
of Title 49 of the Code of Federal Regulations.
SEC. 560. SEC. 505. Section 7663 of
the Public Utilities Code is amended to read:
7663. Whenever the Department of the California Highway Patrol or
a designated local public safety agency responds to a railroad
accident, the accident shall be reported to the Office of Emergency
Services.
SEC. 561. SEC. 506. Section 7665.1
of the Public Utilities Code is amended to read:
7665.1. Unless the context requires otherwise, for purposes of
this article:
(a) "Agency" or "office" means the Office of Emergency Services.
(b) "Secretary" or "director" means the Director of Emergency
Services.
SEC. 562. SEC. 507. Section 7665.2
of the Public Utilities Code is amended to read:
7665.2. By July 1, 2007, every operator of rail facilities shall
provide a risk assessment to the commission and the office for each
rail facility in the state that is under its ownership, operation, or
control. The risk assessment shall, for each rail facility, describe
all of the following:
(a) The location and functions of the rail facility.
(b) All types of cargo that are moved through, or stored at, the
rail facility.
(c) Any hazardous cargo that is moved through, or stored at, the
rail facility.
(d) The frequency that any hazardous cargo is moved through, or
stored at, the rail facility.
(e) A description of the practices of the rail operator to prevent
acts of sabotage, terrorism, or other crimes on the rail facility.
(f) All training programs that the rail operator requires for its
employees at the rail facility.
(g) The emergency response procedures of the rail operator to deal
with acts of sabotage, terrorism, or other crimes at the rail
facility.
(h) The procedures of the rail operator to communicate with local
and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders, in the event of
acts of sabotage, terrorism, or other crimes at the rail facility.
SEC. 563. SEC. 508. Section 7665.3
of the Public Utilities Code is amended to read:
7665.3. The office may provide the risk assessment provided
pursuant to Section 7665.2 to other law enforcement or emergency
personnel.
SEC. 564. SEC. 509. Section 7665.4
of the Public Utilities Code is amended to read:
7665.4. (a) By January 1, 2008, every rail operator shall develop
and implement an infrastructure protection program to protect rail
infrastructure in the state from acts of sabotage, terrorism, or
other crimes.
(b) (1) The infrastructure protection program shall address the
security of all critical infrastructure.
(2) The infrastructure protection program shall provide training
to all employees of the rail operator performing work at a rail
facility on how to recognize, prevent, and respond to acts of
sabotage, terrorism, or other crimes.
(c) (1) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall receive training
equivalent to that received by employees of the rail operator
pursuant to paragraph (2) of subdivision (b), within a reasonable
period of time. The commission, in consultation with the director,
may adopt reasonable rules or orders to implement this requirement.
(2) All employees of a contractor or subcontractor of a rail
operator, and any other person performing work at a rail facility
that is not the employee of the rail operator, shall undergo an
equivalent evaluation of their background, skills, and fitness as the
rail operator implements for its employees pursuant to its
infrastructure protection plan. The commission, in consultation with
the director, may adopt reasonable rules or orders to implement this
requirement.
(d) Each rail operator in the state shall provide to the
commission and the director a copy of its infrastructure protection
program. Notwithstanding Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code, the commission and
the director shall keep this information confidential.
(e) The infrastructure protection program shall be updated by the
rail operator at least once every year, and the updated plan shall be
submitted to the commission and the director.
(f) The commission, in consultation with the office, shall review
the infrastructure protection program submitted by a rail operator,
may conduct inspections to facilitate the review, and may order a
rail operator to improve, modify, or change its program to comply
with the requirements of this article.
(g) The commission may fine a rail operator for failure to comply
with the requirements of this section or an order of the commission
pursuant to this section.
SEC. 565. SEC. 510. Section 7673 of
the Public Utilities Code is amended to read:
7673. Each railroad corporation which transports hazardous
materials in the state shall do all of the following:
(a) Provide a system map of the state to the Office of Emergency
Services and to the Public Utilities Commission, showing practical
groupings of mileposts on the system and showing mileposts of
stations, terminals, junction points, road crossings, and the
locations of natural gas and liquid pipelines in railroad
rights-of-way.
(b) Annually submit to the Office of Emergency Services a copy of
a publication which identifies emergency handling guidelines for the
surface transportation of hazardous materials, except that if the
railroad corporation is classified as a class I carrier by the
Interstate Commerce Commission pursuant to Subpart A of Part 1201 of
Subchapter C of Chapter X of the Code of Federal Regulations, the
railroad corporation shall annually submit to the Office of Emergency
Services 50 copies of this publication which the agency shall make
available to the Public Utilities Commission and local administering
agencies and to other response agencies. These guidelines shall not
be considered comprehensive instructions for the handling of any
specific incident.
(c) If there is a train incident resulting in a release or an
overturned railcar or an impact which threatens a release of a
hazardous material, provide the emergency response agency with all of
the following information:
(1) A list of each car in the train and the order of the cars.
(2) The contents of each car, if loaded, in the train.
(3) Identification of the cars and contents in the train which are
involved in the incident, including, but not limited to, those cars
which have derailed.
(4) Emergency handling procedures for each hazardous material
transported in or on the involved cars of the train.
SEC. 566. SEC. 511. Section 7718 of
the Public Utilities Code is amended to read:
7718. (a) The Railroad Accident Prevention and Immediate
Deployment Force is hereby created in the California Environmental
Protection Agency. The force shall be responsible for providing
immediate onsite response capability in the event of large-scale
releases of toxic materials resulting from surface transportation
accidents and for implementing the state hazardous materials incident
prevention and immediate deployment plan. This force shall act
cooperatively and in concert with existing local emergency response
units. The force shall consist of representatives of all of the
following:
(1) Department of Fish and Game.
(2) California Environmental Protection Agency.
(3) State Air Resources Board.
(4) California Integrated Waste Management Board.
(5) California regional water quality control boards.
(6) Department of Toxic Substances Control.
(7) Department of Pesticide Regulation.
(8) Office of Environmental Health Hazard Assessment.
(9) State Department of Public Health.
(10) Department of the California Highway Patrol.
(11) Department of Food and Agriculture.
(12) Department of Forestry and Fire Protection.
(13) Department of Parks and Recreation.
(14) Public Utilities Commission.
(15) Any other potentially affected state, local, or federal
agency.
(16) Office of Emergency Management Services.
(b) The California Environmental Protection Agency shall develop a
state railroad accident prevention and immediate deployment plan in
cooperation with the State Fire Marshal, affected businesses, and all
of the entities listed in paragraphs (1) to (17), inclusive, of
subdivision (a).
(c) The plan specified in subdivision (b) shall be a comprehensive
set of policies and directions that every potentially affected state
agency and business shall follow if there is a railroad accident to
minimize the potential damage to the public health and safety,
property, and the environment that might result from accidents
involving railroad activities in the state.
SEC. 567. SEC. 512. Section 99212 of
the Public Utilities Code is amended to read:
99212. "Secretary" means the Secretary of Transportation.
SEC. 568. SEC. 513. Section 99243 of
the Public Utilities Code is amended to read:
99243. (a) The Controller, in cooperation with the department and
the operators, shall design and adopt a uniform system of accounts
and records, from which the operators shall prepare and submit annual
reports of their operation to the transportation planning agencies
having jurisdiction over them and to the Controller within 90 days of
the end of the fiscal year. If the report is filed in electronic
format as prescribed by the Controller, the report shall be furnished
within 110 days after the close of each fiscal year. The report
shall specify (1) the amount of revenue generated from each source
and its application for the prior fiscal year and (2) the data
necessary to determine which section, with respect to Sections
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, and 99268.9, the
operator is required to be in compliance in order to be eligible for
funds under this article.
(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its proposed
application for the next fiscal year, and a report on the extent to
which it has contracted with the Prison Industry Authority, including
the nature and dollar amounts of all contracts entered into during
the reporting period and proposed for the next reporting period.
(c) The Controller shall instruct the county auditor to withhold
payments from the fund to an operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).
(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.
(e) Notwithstanding any other law or any regulation, including any
California Code of Regulations provision, the City of El Segundo,
the City of Huntington Beach, the City of Inglewood, the City of Long
Beach, or the City of South Lake Tahoe may select, for purposes of
this chapter, on a one-time basis, a fiscal year that does not end on
June 30. After the city has sent a written notice to the Secretary
of Transportation and the Controller that the city has selected a
fiscal year other than one ending on June 30, the fiscal year
selected by the city shall be its fiscal year for all reports
required by the state under this chapter.
SEC. 569. SEC. 514. Section 131242
of the Public Utilities Code is amended to read:
131242. The Secretary of Transportation shall convene the initial
meeting of the county transportation authority at the county seat,
within 90 days after the authority is created.
SEC. 570. SEC. 515. Section 161003
of the Public Utilities Code is amended to read:
161003. As used in this division, "secretary" means the Secretary
of Transportation.
SEC. 571. SEC. 516. Section 185020
of the Public Utilities Code is amended to read:
185020. (a) There is in the Transportation Agency a High-Speed
Rail Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall take into consideration geographical diversity to
ensure that all regions of the state are adequately represented.
(c) Except as provided in subdivision (d), and until their
successors are appointed, members of the authority shall hold office
for terms of four years. A vacancy shall be filled by the appointing
power making the original appointment, by appointing a member to
serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who
are then members of the authority shall expire, but those members
may continue to serve until they are reappointed or until their
successors are appointed. In order to provide for evenly staggered
terms, persons appointed or reappointed to the authority after
January 1, 2001, shall be appointed to initial terms to expire as
follows:
(A) Of the five persons appointed by the Governor, one shall be
appointed to a term which expires on December 31, 2002, one shall be
appointed to a term which expires on December 31, 2003, one shall be
appointed to a term which expires on December 31, 2004, and two shall
be appointed to terms which expires on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules,
one shall be appointed to a term which expires on December 31, 2002,
and one shall be appointed to a term which expires on December 31,
2004.
(C) Of the two persons appointed by the Speaker of the Assembly,
one shall be appointed to a term which expires on December 31, 2003,
and one shall be appointed to a term which expires on December 31,
2005.
(2) Following expiration of each of the initial terms provided for
in this subdivision, the term shall expire every four years
thereafter on December 31.
(e) Members of the authority are subject to the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a
chairperson, who shall preside at all meetings of the authority, and
a vice chairperson to preside in the absence of the chairperson. The
chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking
any action by the authority.
SEC. 572. SEC. 517. Section 185035
of the Public Utilities Code is amended to read:
185035. (a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning, engineering,
financing, and other elements of the authority's plans and issuing an
analysis of appropriateness and accuracy of the authority's
assumptions and an analysis of the viability of the authority's
financing plan, including the funding plan for each corridor required
pursuant to subdivision (b) of Section 2704.08 of the Streets and
Highways Code.
(b) The peer review group shall include all of the following:
(1) Two individuals with experience in the construction or
operation of high-speed trains in Europe, Asia, or both, designated
by the Treasurer.
(2) Two individuals, one with experience in engineering and
construction of high-speed trains and one with experience in project
finance, designated by the Controller.
(3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or subcontractor
of the authority for the previous three years, designated by the
Director of Finance.
(4) One representative with experience in environmental planning,
designated by the Secretary of Transportation.
(5) Two expert representatives from agencies providing intercity
or commuter passenger train services in California, designated by the
Secretary of Transportation.
(c) The peer review group shall evaluate the authority's funding
plans and prepare its independent judgment as to the feasibility and
reasonableness of the plans, appropriateness of assumptions,
analyses, and estimates, and any other observations or evaluations it
deems necessary.
(d) The authority shall provide the peer review group any and all
information that the peer review group may request to carry out its
responsibilities.
(e) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.
SEC. 573. SEC. 518. Section 97.2 of
the Revenue and Taxation Code is amended to read:
97.2. Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to Section
96.1 or its predecessor section shall be modified for the 1992-93
fiscal year pursuant to subdivisions (a) to (d), inclusive, and for
the 1997-98 and 1998-99 fiscal years pursuant to subdivision (e), as
follows:
(a) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each county shall be reduced by the dollar amounts indicated as
follows, multiplied by 0.953649:
Property
Tax
Reduction
per County
Alameda ......................... $ 27,323,576
Alpine .......................... 5,169
Amador .......................... 286,131
Butte ........................... 846,452
Calaveras ....................... 507,526
Colusa .......................... 186,438
Contra Costa .................... 12,504,318
Del Norte ....................... 46,523
El Dorado ....................... 1,544,590
Fresno .......................... 5,387,570
Glenn ........................... 378,055
Humboldt
........................ 1,084,968
Imperial ........................ 998,222
Inyo ............................ 366,402
Kern ............................ 6,907,282
Kings ........................... 1,303,774
Lake ............................ 998,222
Lassen........................... 93,045
Los Angeles ..................... 244,178,806
Madera .......................... 809,194
Marin ........................... 3,902,258
Mariposa ........................ 40,136
Mendocino ....................... 1,004,112
Merced .......................... 2,445,709
Modoc ........................... 134,650
Mono ............................ 319,793
Monterey ........................ 2,519,507
Napa ............................ 1,362,036
Nevada........................... 762,585
Orange .......................... 9,900,654
Placer .......................... 1,991,265
Plumas .......................... 71,076
Riverside ....................... 7,575,353
Sacramento ...................... 15,323,634
San Benito ...................... 198,090
San Bernardino .................. 14,467,099
San Diego ....................... 17,687,776
San Francisco ................... 53,266,991
San Joaquin ..................... 8,574,869
San Luis Obispo ................. 2,547,990
San Mateo ....................... 7,979,302
Santa Barbara ................... 4,411,812
Santa Clara ..................... 20,103,706
Santa Cruz ...................... 1,416,413
Shasta .......................... 1,096,468
Sierra .......................... 97,103
Siskiyou ........................ 467,390
Solano .......................... 5,378,048
Sonoma .......................... 5,455,911
Stanislaus ...................... 2,242,129
Sutter .......................... 831,204
Tehama .......................... 450,559
Trinity ......................... 50,399
Tulare .......................... 4,228,525
Tuolumne ........................ 740,574
Ventura ......................... 9,412,547
Yolo ............................ 1,860,499
Yuba ............................ 842,857
(2) Notwithstanding paragraph (1), the amount of the reduction
specified in that paragraph for any county or city and county that
has been materially and substantially impacted as a result of a
federally declared disaster, as evidenced by at least 20 percent of
the cities, or cities and unincorporated areas of the county
representing 20 percent of the population within the county suffering
substantial damage, as certified by the Director of Emergency
Services, occurring between October 1, 1989, and the effective date
of this section, shall be reduced by that portion of five million
dollars ($5,000,000) determined for that county or city and county
pursuant to subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
(A) Determine the population of each county and city and county in
which a federally declared disaster has occurred between October 1,
1989, and the effective date of this section.
(B) Determine for each county and city and county as described in
subparagraph (A) its share of five million dollars ($5,000,000) on
the basis of that county's population relative to the total
population of all counties described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
(b) (1) Except as provided in paragraph (2), the amount of
property tax revenue deemed allocated in the prior fiscal year to
each city, except for a newly incorporated city that did not receive
property tax revenues in the 1991-92 fiscal year, shall be reduced by
9 percent. In making the above computation with respect to cities in
Alameda County, the computation for a city described in paragraph
(6) of subdivision (a) of Section 100.7, as added by Section 73.5 of
Chapter 323 of the Statutes of 1983, shall be adjusted so that the
amount multiplied by 9 percent is reduced by the amount determined
for that city for "museums" pursuant to paragraph (2) of subdivision
(h) of Section 95.
(2) Notwithstanding paragraph (1), the amount of the reduction
determined pursuant to that paragraph for any city that has been
materially and substantially impacted as a result of a federally
declared disaster, as certified by the Director of Emergency
Services, occurring between October 1, 1989, and the effective date
of this section, shall be reduced by that portion of fifteen million
dollars ($15,000,000) determined for that city pursuant to
subparagraph (B) of paragraph (3).
(3) On or before October 1, 1992, the Director of Finance shall do
all of the following:
(A) Determine the population of each city in which a federally
declared disaster has occurred between October 1, 1989, and the
effective date of this section.
(B) Determine for each city as described in subparagraph (A) its
share of fifteen million dollars ($15,000,000) on the basis of that
city's population relative to the total population of all cities
described in subparagraph (A).
(C) Notify each auditor of each county and city and county of the
amounts determined pursuant to subparagraph (B).
(4) In the 1992-93 fiscal year and each fiscal year thereafter,
the auditor shall adjust the computations required pursuant to
Article 4 (commencing with Section 98) so that those computations do
not result in the restoration of any reduction required pursuant to
this section.
(c) (1) Subject to paragraph (2), the amount of property tax
revenue, other than those revenues that are pledged to debt service,
deemed allocated in the prior fiscal year to a special district,
other than a multicounty district, a local hospital district, or a
district governed by a city council or whose governing board has the
same membership as a city council, shall be reduced by 35 percent.
For purposes of this subdivision, "revenues that are pledged to debt
service" include only those amounts required to pay debt service
costs in the 1991-92 fiscal year on debt instruments issued by a
special district for the acquisition of capital assets.
(2) No reduction pursuant to paragraph (1) for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the 1989-90 edition of the State Controller's Report on Financial
Transactions Concerning Special Districts (not including any annual
revenues from fiscal years following the 1989-90 fiscal year). With
respect to any special district, as defined pursuant to subdivision
(m) of Section 95, that is allocated property tax revenue pursuant to
this chapter but does not appear in the State Controller's Report on
Financial Transactions Concerning Special Districts, the auditor
shall determine the total annual revenues for that special district
from the information in the 1989-90 edition of the State Controller's
Report on Financial Transactions Concerning Counties. With respect
to a special district that did not exist in the 1989-90 fiscal year,
the auditor may use information from the first full fiscal year, as
appropriate, to determine the total annual revenues for that special
district. No reduction pursuant to paragraph (1) for any countywide
water agency that does not sell water at retail shall exceed an
amount equal to 10 percent of that portion of that agency's general
fund derived from property tax revenues.
(3) The auditor in each county shall, on or before January 15,
1993, and on or before January 30 of each year thereafter, submit
information to the Controller concerning the amount of the property
tax revenue reduction to each special district within that county as
a result of paragraphs (1) and (2). The Controller shall certify that
the calculation of the property tax revenue reduction to each
special district within that county is accurate and correct, and
submit this information to the Director of Finance.
(A) The Director of Finance shall determine whether the total of
the amounts of the property tax revenue reductions to special
districts, as certified by the Controller, is equal to the amount
that would be required to be allocated to school districts and
community college districts as a result of a three hundred
seventy-five million dollar ($375,000,000) shift of property tax
revenues from special districts for the 1992-93 fiscal year. If, for
any year, the total of the amount of the property tax revenue
reductions to special districts is less than the amount as described
in the preceding sentence, the amount of property tax revenue, other
than those revenues that are pledged to debt service, deemed
allocated in the prior fiscal year to a special district, other than
a multicounty district, a local hospital district, or a district
governed by a city council or whose governing board has the same
membership as a city council, shall, subject to subparagraph (B), be
reduced by an amount up to 5 percent of the amount subject to
reduction for that district pursuant to paragraphs (1) and (2).
(B) No reduction pursuant to subparagraph (A), in conjunction with
a reduction pursuant to paragraphs (1) and (2), for any special
district, other than a countywide water agency that does not sell
water at retail, shall exceed an amount equal to 10 percent of that
district's total annual revenues, from whatever source, as shown in
the most recent State Controller's Report on Financial Transactions
Concerning Special Districts. No reduction pursuant to subparagraph
(A), in conjunction with a reduction pursuant to paragraphs (1) and
(2), for any countywide water agency that does not sell water at
retail shall exceed an amount equal to 10 percent of that portion of
that agency's general fund derived from property tax revenues.
(C) In no event shall the amount of the property tax revenue loss
to a special district derived pursuant to subparagraphs (A) and (B)
exceed 40 percent of that district's property tax revenues or 10
percent of that district's total revenues, from whatever source.
(4) For the purpose of determining the total annual revenues of a
special district that provides fire protection or fire suppression
services, all of the following shall be excluded from the
determination of total annual revenues:
(A) If the district had less than two million dollars ($2,000,000)
in total annual revenues in the 1991-92 fiscal year, the revenue
generated by a fire suppression assessment levied pursuant to Article
3.6 (commencing with Section 50078) of Chapter 1 of Part 1 of
Division 1 of Title 5 of the Government Code.
(B) The total amount of all funds, regardless of the source, that
are appropriated to a district, including a fire department, by a
board of supervisors pursuant to Section 25642 of the Government Code
or Chapter 7 (commencing with Section 13890) of Part 2.7 of Division
12 of the Health and Safety Code for fire protection. The amendment
of this subparagraph by Chapter 290 of the Statutes of 1997 shall not
be construed to affect any exclusion from the total annual revenues
of a special district that was authorized by this subparagraph as it
read prior to that amendment.
(C) The revenue received by a district as a result of contracts
entered into pursuant to Section 4133 of the Public Resources Code.
(5) For the purpose of determining the total annual revenues of a
resource conservation district, all of the following shall be
excluded from the determination of total annual revenues:
(A) Any revenues received by that district from the state for
financing the acquisition of land, or the construction or improvement
of state projects, and for which that district serves as the fiscal
agent in administering those state funds pursuant to an agreement
entered into between that district and a state agency.
(B) Any amount received by that district as a private gift or
donation.
(C) Any amount received as a county grant or contract as
supplemental to, or independent of, that district's property tax
share.
(D) Any amount received by that district as a federal or state
grant.
(d) (1) The amount of property tax revenues not allocated to the
county, cities within the county, and special districts as a result
of the reductions calculated pursuant to subdivisions (a), (b), and
(c) shall instead be deposited in the Educational Revenue
Augmentation Fund to be established in each county. The amount of
revenue in the Educational Revenue Augmentation Fund, derived from
whatever source, shall be allocated pursuant to paragraphs (2) and
(3) to school districts and county offices of education, in total,
and to community college districts, in total, in the same proportion
that property tax revenues were distributed to school districts and
county offices of education, in total, and community college
districts, in total, during the 1991-92 fiscal year.
(2) The auditor shall, based on information provided by the county
superintendent of schools pursuant to this paragraph, allocate the
proportion of the Educational Revenue Augmentation Fund to those
school districts and county offices of education within the county
that are not excess tax school entities, as defined in subdivision
(n) of Section 95. The county superintendent of schools shall
determine the amount to be allocated to each school district and
county office of education in inverse proportion to the amounts of
property tax revenue per average daily attendance in each school
district and county office of education. In no event shall any
additional money be allocated from the fund to a school district or
county office of education upon that school district or county office
of education becoming an excess tax school entity.
(3) The auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate the proportion of the Educational Revenue
Augmentation Fund to those community college districts within the
county that are not excess tax school entities, as defined in
subdivision (n) of Section 95. The chancellor shall determine the
amount to be allocated to each community college district in inverse
proportion to the amounts of property tax revenue per funded
full-time equivalent student in each community college district. In
no event shall any additional money be allocated from the fund to a
community college district upon that district becoming an excess tax
school entity.
(4) (A) If, after making the allocation required pursuant to
paragraph (2), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (3). If, after making the allocation pursuant
to paragraph (3), the auditor determines that there are still
additional funds to be allocated, the auditor shall allocate those
excess funds pursuant to paragraph (2).
(B) (i) (I) For the 1995-96 fiscal year and each fiscal year
thereafter, if, after making the allocations pursuant to paragraphs
(2) and (3) and subparagraph (A), the auditor determines that there
are still additional funds to be allocated, the auditor shall,
subject to clauses (ii) and (iii), allocate those excess funds to the
county superintendent of schools. Funds allocated pursuant to this
subclause shall be counted as property tax revenues for special
education programs in augmentation of the amount calculated pursuant
to Section 2572 of the Education Code, to the extent that those
property tax revenues offset state aid for county offices of
education and school districts within the county pursuant to
subdivision (c) of Section 56836.08 of the Education Code.
(II) For the 2007-08 fiscal year and for each fiscal year
thereafter, both of the following apply:
(ia) In allocating the revenues described in subclause (I), the
auditor shall apportion funds to the appropriate special education
local plan area to cover the amount determined in Section 56836.173
of the Education Code.
(ib) Except as otherwise provided by sub-subclause (ia), property
tax revenues described in subclause (I) shall not be apportioned to
special education programs funded pursuant to Section 56836.173 of
the Education Code.
(III) If, for the 2000-01 fiscal year or any fiscal year
thereafter, any additional revenues remain after the implementation
of subclauses (I) and (II), the auditor shall allocate those
remaining revenues among the county, cities, and special districts in
proportion to the amounts of ad valorem property tax revenue
otherwise required to be shifted from those local agencies to the
county's Educational Revenue Augmentation Fund for the relevant
fiscal year.
(IV) A county Educational Revenue Augmentation Fund shall not be
required to provide funding for special education programs funded
pursuant to Section 56836.173 of the Education Code or any
predecessor to that section for a fiscal year prior to the 2007-08
fiscal year that it has not already provided for these programs prior
to the beginning of the 2007-08 fiscal year.
(ii) For the 1995-96 fiscal year only, clause (i) shall have no
application to the County of Mono and the amount allocated pursuant
to clause (i) in the County of Marin shall not exceed five million
dollars ($5,000,000).
(iii) For the 1996-97 fiscal year only, the total amount of funds
allocated by the auditor pursuant to clause (i) and clause (i) of
subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3
shall not exceed that portion of two million five hundred thousand
dollars ($2,500,000) that corresponds to the county's proportionate
share of all moneys allocated pursuant to clause (i) and clause (i)
of subparagraph (B) of paragraph (4) of subdivision (d) of Section
97.3 for the 1995-96 fiscal year. Upon the request of the auditor,
the Department of Finance shall provide to the auditor all
information in the department's possession that is necessary for the
auditor to comply with this clause.
(iv) Notwithstanding clause (i) of this subparagraph, for the
1999-2000 fiscal year only, if, after making the allocations pursuant
to paragraphs (2) and (3) and subparagraph (A), the auditor
determines that there are still additional funds to be allocated, the
auditor shall allocate the funds to the county, cities, and special
districts in proportion to the amounts of ad valorem property tax
revenue otherwise required to be shifted from those local agencies to
the county's Educational Revenue Augmentation Fund for the relevant
fiscal year. The amount allocated pursuant to this clause shall not
exceed eight million two hundred thirty-nine thousand dollars
($8,239,000), as appropriated in Item 6110-250-0001 of Section 2.00
of the Budget Act of 1999 (Chapter 50, Statutes of 1999). This clause
shall be operative for the 1999-2000 fiscal year only to the extent
that moneys are appropriated for purposes of this clause in the
Budget Act of 1999 by an appropriation that specifically references
this clause.
(C) For purposes of allocating the Educational Revenue
Augmentation Fund for the 1996-97 fiscal year, the auditor shall,
after making the allocations for special education programs, if any,
required by subparagraph (B), allocate all remaining funds among the
county, cities, and special districts in proportion to the amounts of
ad valorem property tax revenue otherwise required to be shifted
from those local agencies to the county's Educational Revenue
Augmentation Fund for the relevant fiscal year. For purposes of ad
valorem property tax revenue allocations for the 1997-98 fiscal year
and each fiscal year thereafter, no amount of ad valorem property tax
revenue allocated to the county, a city, or a special district
pursuant to this subparagraph shall be deemed to be an amount of ad
valorem property tax revenue allocated to that local agency in the
prior fiscal year.
(5) For purposes of allocations made pursuant to Section 96.1 or
its predecessor section for the 1993-94 fiscal year, the amounts
allocated from the Educational Revenue Augmentation Fund pursuant to
this subdivision, other than amounts deposited in the Educational
Revenue Augmentation Fund pursuant to Section 33681 of the Health and
Safety Code, shall be deemed property tax revenue allocated to the
Educational Revenue Augmentation Fund in the prior fiscal year.
(e) (1) For the 1997-98 fiscal year:
(A) The amount of property tax revenue deemed allocated in the
prior fiscal year to any city subject to the reduction specified in
paragraph (2) of subdivision (b) shall be reduced by an amount that
is equal to the difference between the amount determined for the city
pursuant to paragraph (1) of subdivision (b) and the amount of the
reduction determined for the city pursuant to paragraph (2) of
subdivision (b).
(B) The amount of property tax revenue deemed allocated in the
prior fiscal year to any county or city and county subject to the
reduction specified in paragraph (2) of subdivision (a) shall be
reduced by an amount that is equal to the difference between the
amount specified for the county or city and county pursuant to
paragraph (1) of subdivision (a) and the amount of the reduction
determined for the county or city and county pursuant to paragraph
(2) of subdivision (a).
(2) The amount of property tax revenues not allocated to a city or
city and county as a result of this subdivision shall be deposited
in the Educational Revenue Augmentation Fund described in
subparagraph (A) of paragraph (1) of subdivision (d).
(3) For purposes of allocations made pursuant to Section 96.1 for
the 1998-99 fiscal year, the amounts allocated from the Educational
Revenue Augmentation Fund pursuant to this subdivision shall be
deemed property tax revenues allocated to the Educational Revenue
Augmentation Fund in the prior fiscal year.
(f) It is the intent of the Legislature in enacting this section
that this section supersede and be operative in place of Section
97.03 of the Revenue and Taxation Code, as added by Senate Bill 617
of the 1991-92 Regular Session.
SEC. 574. SEC. 519. Section 19528 of
the Revenue and Taxation Code is amended to read:
19528. (a) Notwithstanding any other provision of law, the
Franchise Tax Board may require any board, as defined in Section 22
of the Business and Professions Code, and the State Bar, the Bureau
of Real Estate, and the Insurance Commissioner (hereinafter referred
to as licensing board) to provide to the Franchise Tax Board the
following information with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number (if the entity is a
partnership) or social security number (for all others).
(4) Type of license.
(5) Effective date of license or renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or renewal.
(b) The Franchise Tax Board may do the following:
(1) Send a notice to any licensee failing to provide the
identification number or social security number as required by
subdivision (a) of Section 30 of the Business and Professions Code
and subdivision (a) of Section 1666.5 of the Insurance Code,
describing the information that was missing, the penalty associated
with not providing it, and that failure to provide the information
within 30 days will result in the assessment of the penalty.
(2) After 30 days following the issuance of the notice described
in paragraph (1), assess a one hundred dollar ($100) penalty, due and
payable upon notice and demand, for any licensee failing to provide
either its federal employer identification number (if the licensee is
a partnership) or his or her social security number (for all others)
as required in Section 30 of the Business and Professions Code and
Section 1666.5 of the Insurance Code.
(c) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the information
furnished to the Franchise Tax Board pursuant to Section 30 of the
Business and Professions Code or Section 1666.5 of the Insurance Code
shall not be deemed to be a public record and shall not be open to
the public for inspection.
SEC. 575. Section 41030 of the Revenue and
Taxation Code is amended to read:
41030. The Department of Technology shall determine annually, on
or before October 1, a surcharge rate that it estimates will produce
sufficient revenue to fund the current fiscal year's 911 costs. The
surcharge rate shall be determined by dividing the costs (including
incremental costs) the Department of Technology estimates for the
current fiscal year of 911 plans approved pursuant to Section 53115
of the Government Code, less the available balance in the State
Emergency Telephone Number Account in the General Fund, by its
estimate of the charges for intrastate telephone communications
services and VoIP service to which the surcharge will apply for the
period of January 1 to December 31, inclusive, of the next succeeding
calendar year, but in no event shall such surcharge rate in any year
be greater than three-quarters of 1 percent nor less than one-half
of 1 percent.
SEC. 576. Section 41031 of the Revenue and
Taxation Code is amended to read:
41031. The Department of Technology shall make its determination
of the surcharge rate each year no later than October 1 and shall
notify the board of the new rate, which shall be fixed by the board
to be effective with respect to charges made for intrastate telephone
communication services and VoIP service on or after January 1 of the
next succeeding calendar year.
SEC. 577. Section 41032 of the Revenue and
Taxation Code is amended to read:
41032. Immediately upon notification by the Department of
Technology and fixing the surcharge rate, the board shall each year
no later than November 15 publish in its minutes the new rate, and it
shall notify by mail every service supplier registered with it of
the new rate.
SEC. 578. Section 41136.1 of the
Revenue and Taxation Code is amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the Department of Technology, even if the projects
have not yet commenced.
SEC. 579. Section 41137 of the Revenue and
Taxation Code is amended to read:
41137. The Department of Technology shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
Department of Technology.
SEC. 580. Section 41137.1 of the Revenue and
Taxation Code is amended to read:
41137.1. The Department of Technology shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the Department of Technology
for approval on or before October 1, 1978, as provided in Section
53115 of the Government Code.
SEC. 581. Section 41138 of the Revenue and
Taxation Code is amended to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the Department of Technology. The department
shall negotiate supplier pricing to ensure cost effectiveness and
the best value for the "911" emergency telephone number system. The
department shall pay those bills as provided in Section 41137 only
under the following conditions:
(1) The department shall have received the local agency's "911"
emergency telephone number system plan by July 1 of the prior fiscal
year and approved the plan by October 1 of the prior fiscal year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The department has reviewed and approved each line item of a
request for funding to ensure the necessity of the proposed equipment
or services and the eligibility for reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the department. Extraordinary
circumstances may warrant spending in excess of the established rate,
but shall be preapproved by the department. In determining the
reimbursement rate, the department shall utilize the approved pricing
submitted by the supplier providing the equipment or service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
Department of Technology. Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the pricing
approved by the department shall not be reimbursed.
SEC. 582. Section 41139 of the Revenue and
Taxation Code is amended to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the Department of Technology
shall begin paying bills as provided in Sections 41137, 41137.1, and
41138 in the 1977-78 fiscal year for plans submitted by local
agencies by July 1, 1976, to the department that the department has
approved.
SEC. 583. Section 41140 of the Revenue and
Taxation Code is amended to read:
41140. The Department of Technology shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by agencies
for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency telephone
number, provided local agency plans had been approved by the
department:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs.
SEC. 584. Section 41141 of the Revenue and
Taxation Code is amended to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the Department of Technology, which shall determine
payment eligibility and shall reduce the claim for charges that
exceed the approved incremental costs, approved contract amounts, or
the established tariff rates for costs. No claim shall be paid until
funds are appropriated by the Legislature.
SEC. 585. Section 41142 of the Revenue and
Taxation Code is amended to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the Department of Technology by service suppliers
or communications equipment companies for the installation and
ongoing communications services supplied local agencies in connection
with the "911" emergency telephone number system, and to pay claims
of local agencies which, prior to the effective date of this part,
paid amounts to service suppliers or communications equipment
companies for the installation and ongoing expenses in connection
with the "911" emergency telephone number system, the obligation of
service suppliers and local agencies to provide "911" emergency
telephone service shall terminate and service shall not again be
required until the Legislature has appropriated an amount sufficient
to pay those bills or claims. Nothing in this part shall preclude
local agencies from purchasing or acquiring any communication
equipment from companies other than the telephone service suppliers.
SEC. 586. SEC. 520. Section 22.5 is
added to the Streets and Highways Code, to read:
22.5. Whenever the term "Business, Transportation and Housing
Agency" appears within the Streets and Highways Code, it shall refer
to the Transportation Agency, and whenever the term "Secretary of
Business, Transportation and Housing" appears within the Streets and
Highways Code, it shall refer to the Secretary of Transportation.
SEC. 587. SEC. 521. Section 165 of
the Vehicle Code is amended to read:
165. An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire,
rescue, or communications calls and operated either by the Office of
Emergency Services or by any public agency or industrial fire
department to which the Office of Emergency Services has assigned the
vehicle.
(e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
SEC. 588. SEC. 522. Section 1500 of
the Vehicle Code is amended to read:
1500. (a) There is in the Transportation Agency the Department of
Motor Vehicles.
(b) Whenever the term "Business, Transportation and Housing Agency"
appears within the Vehicle Code, it shall refer to the
Transportation Agency, and whenever the term "Secretary of Business,
Transportation and Housing" appears within the Vehicle Code, it shall
refer to the Secretary of Transportation.
SEC. 589. SEC. 523. Section 1505 of
the Vehicle Code is amended to read:
1505. The director, with the approval of the Governor and the
Secretary of Transportation, shall organize the department in a
manner that he or she may deem necessary to conduct the work of the
department.
SEC. 590. SEC. 524. Section 1808.51
of the Vehicle Code is amended to read:
1808.51. Notwithstanding Sections 1808.5 and 12800.5, both of the
following may obtain copies of fullface engraved pictures or
photographs of individuals directly from the department:
(a) The Bureau of Real Estate, as a department, individually, or
through its staff, for purposes of enforcing the Real Estate Law
(Part 1 (commencing with Section 10000) of Division 4 of the Business
and Professions Code) or the Subdivided Lands Law (Chapter 1
(commencing with Section 11000) of Part 2 of Division 4 of the
Business and Professions Code).
(b) The city attorney of a city and county and his or her
investigators for purposes of performing functions related to city
and county operations.
SEC. 591. SEC. 525. Section 2100 of
the Vehicle Code is amended to read:
2100. There is in the Transportation Agency the Department of the
California Highway Patrol.
SEC. 592. SEC. 526. Section 2109 of
the Vehicle Code is amended to read:
2109. The commissioner shall organize the department with the
approval of the Governor and the Secretary of Transportation and may
arrange and classify the work of the department and may, with the
approval of the Governor and the Secretary of Transportation, create
or abolish divisions thereof.
SEC. 593. SEC. 527. Section 2901 of
the Vehicle Code is amended to read:
2901. The Governor may appoint a highway safety representative
who shall serve in the Transportation Agency and who shall, in
consultation with the Governor and Secretary of Transportation,
prepare the California Traffic Safety Program. The Governor is
responsible for the administration of the program, and has final
approval of all phases of the program, and may take all action
necessary to secure the full benefits available to the program under
the Federal Highway Safety Act of 1966, and any amendments thereto.
The highway safety representative serves at the pleasure of the
secretary.
SEC. 594. SEC. 528. Section 2902 of
the Vehicle Code is amended to read:
2902. To the maximum extent permitted by federal law and
regulations and the laws of this state, the Governor may delegate to
the Secretary of Transportation and the highway safety representative
the authority necessary to administer the program, and the secretary
and the representative may exercise this authority once delegated.
SEC. 595. Section 5066 of the Vehicle Code is
amended to read:
5066. (a) The department, in conjunction with the California
Highway Patrol, shall design and make available for issuance pursuant
to this article the California memorial license plate.
Notwithstanding Section 5060, the California memorial license plate
may be issued in a combination of numbers or letters, or both, as
requested by the applicant for the plates. A person described in
Section 5101, upon payment of the additional fees set forth in
subdivision (b), may apply for and be issued a set of California
memorial license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees required
pursuant to Sections 5106 and 5108 shall be deposited proportionately
in the funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the Office of
Emergency Services to be used solely for antiterrorism activities.
The office shall not use more than 5 percent of the money
appropriated to it for administrative purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Money deposited in
this fund shall be administered by the Scholarshare Investment Board,
and shall be available, upon appropriation in the annual Budget Act
or in another statute, for distribution or encumbrance by the board
pursuant to Article 21.5 (commencing with Section 70010) of Chapter 2
of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) For the purposes of this section, "antiterrorism activities"
means activities related to the prevention, detection, and emergency
response to terrorism that are undertaken by state and local law
enforcement, fire protection, and public health agencies. The funds
provided for these activities, to the extent that funds are
available, shall be used exclusively for purposes directly related to
fighting terrorism. Eligible activities include, but are not limited
to, hiring support staff to perform administrative tasks, hiring and
training additional law enforcement, fire protection, and public
health personnel, response training for existing and additional law
enforcement, fire protection, and public health personnel, and
hazardous materials and other equipment expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less than
7,500 in any year, then the department shall no longer issue or
replace those plates.
SEC. 596. SEC. 529. Section 9706 of
the Vehicle Code is amended to read:
9706. (a) Application for partial year registration in
conjunction with an application for original California registration
shall be made by the owner within 20 days of the date the vehicle
first becomes subject to California registration. Any application for
partial year registration submitted after that 20-day period shall
be denied registration for a partial year, and the vehicle shall be
subject to payment of the fees for the entire registration year. In
addition to the fee for the registration year, a penalty, as
specified in Section 9554, shall be added to the fee for
registration.
(b) Any application to renew registration for a part of the
remainder of the registration year or for the entire remainder of the
registration year shall be made prior to midnight of the expiration
date of the last issued registration certificate. Application shall
be made upon presentation of the last issued registration card or of
a potential registration issued by the department for use at the time
of renewal and by payment of the required partial year fees, or, if
renewal is for the remainder of the registration year, by payment of
the annual fee required by Section 9400 or 9400.1, as reduced
pursuant to Section 9407.
(c) Notwithstanding any other provision of law, an owner who
registers a vehicle pursuant to this article during a calendar year
shall, if the vehicle was not operated, moved, or left standing upon
a highway, file a certificate of nonoperation prior to the date of
the first operation of the vehicle on the highways in a manner which
requires that registration and shall, by December 31 of each calendar
year thereafter, file a certification pursuant to subdivisions (a)
and (b) of Section 4604 when the vehicle is not registered for
operation on the highways for the succeeding calendar year.
(d) Notwithstanding subdivision (c), the owner of any vehicle
being moved or operated for the purpose of providing support to
firefighting operations while the vehicle or owner is under contract
to the United States Forestry Service, the United States Department
of the Interior, the Bureau of Land Management, the Department of
Forestry and Fire Protection, or the Office of Emergency Services may
obtain partial year registration if application is made within 20
days of the date the vehicle is first operated, moved, or left
standing on the highway and the owner has obtained a letter of
authorization from the department prior to the date that the vehicle
is first operated, moved, or left standing on the highway.
SEC. 597. SEC. 530. Section 23112.5
of the Vehicle Code is amended to read:
23112.5. (a) Any person who dumps, spills, or causes the release
of hazardous material, as defined by Section 353, or hazardous waste,
as defined by Section 25117 of the Health and Safety Code, upon any
highway shall notify the Department of the California Highway Patrol
or the agency having traffic jurisdiction for that highway of the
dump, spill, or release, as soon as the person has knowledge of the
dump, spill, or release and notification is possible. Upon receiving
notification pursuant to this section, the Department of the
California Highway Patrol shall, as soon as possible, notify the
Office of Emergency Services of the dump, spill, or release, except
for petroleum spills of less than 42 gallons from vehicular fuel
tanks.
(b) Any person who is convicted of a violation of this section
shall be punished by a mandatory fine of not less than two thousand
dollars ($2,000).
SEC. 598. SEC. 531. Section 34061 of
the Vehicle Code is amended to read:
34061. The department shall compile data and annually publish a
report relating to the level of cargo tank and hazardous waste
transport vehicle and container inspections conducted during the
previous year. The data included in the report shall include, but
need not be limited to, all of the following:
(a) The number of inspections conducted.
(b) The number of violations recorded.
(c) The number of on-highway incidents involving cargo tanks and
hazardous waste transport vehicles and containers that were reported
to the Office of Emergency Services under Section 8574.17 of the
Government Code.
SEC. 599. SEC. 532. Section 128 of
the Water Code is amended to read:
128. (a) In times of extraordinary stress and of disaster,
resulting from storms and floods, or where damage to watershed lands
by forest fires has created an imminent threat of floods and damage
by water, mud, or debris upon the occurrence of storms, the
department may perform any work required or take any remedial
measures necessary to avert, alleviate, repair, or restore damage or
destruction to property having a general public and state interest
and to protect the health, safety, convenience, and welfare of the
general public of the state. In carrying out that work, the
department may perform the work itself or through or in cooperation
with any other state department or agency, the federal government, or
any political subdivision, city, or district.
(b) This section is intended to supplement the emergency services
of the state, and nothing in this section overrides or supersedes the
authority of the Director of Emergency Services to coordinate and
supervise state action, upon a declaration of a state of emergency,
under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code)
or the Disaster Assistance Act (Chapter 7.5 (commencing with Section
8680) of that division).
SEC. 600. SEC. 533. Section 6025.6 of
the Water Code is amended to read:
6025.6. (a) An owner of a structure defined as a dam pursuant to
Section 6002, but excluded from that definition pursuant to
subdivision (d) of Section 6004 or otherwise exempted from the
requirements of this chapter pursuant to Section 6025.5, shall comply
with the requirements of Section 8589.5 of the Government Code and
shall employ a civil engineer who is registered in the state to
supervise the structure for the protection of life and property for
the full operating life of the structure.
(b) (1) The civil engineer supervising a dam pursuant to
subdivision (a) shall take into consideration, in determining whether
or not a dam constitutes, or would constitute, a danger to life or
property, the possibility that the dam might be endangered by
seepage, earth movement, or other conditions that exist, or might
occur, in any area in the vicinity of the dam.
(2) If the civil engineer determines that a dam under his or her
supervision constitutes, or would constitute, a danger to life or
property, the civil engineer shall notify the owner of the dam and
recommend appropriate action.
(c) The owner shall submit to the department the name, business
address, and telephone number of each supervising civil engineer.
(d) The department shall submit the information provided pursuant
to subdivision (c) to the Office of Emergency Services on or before
January 1, 1995, and on or before each January 1 thereafter. Any
change in the information shall be submitted to the department on or
before July 1 of each year.
SEC. 601. SEC. 534. Section 11910 of
the Water Code is amended to read:
11910. There shall be incorporated in the planning and
construction of each project those features (including, but not
limited to, additional storage capacity) that the department, after
giving full consideration to any recommendations which may be made by
the Department of Fish and Game, the Department of Parks and
Recreation, any federal agency, and any local governmental agency
with jurisdiction over the area involved, determines necessary or
desirable for the preservation of fish and wildlife, and necessary or
desirable to permit, on a year-round basis, full utilization of the
project for the enhancement of fish and wildlife and for recreational
purposes to the extent that those features are consistent with other
uses of the project, if any. It is the intent of the Legislature
that there shall be full and close coordination of all planning for
the preservation and enhancement of fish and wildlife and for
recreation in connection with state water projects by and between the
Department of Water Resources, the Department of Parks and
Recreation, the Department of Fish and Wildlife, and all appropriate
federal and local agencies.
SEC. 602. SEC. 535. Section 11910.1
of the Water Code is amended to read:
11910.1. In furtherance of the policies specified in Section
11910, the Department of Fish and Wildlife, the Department of Parks
and Recreation, and other governmental agencies shall submit their
recommendations or comments on reconnaissance studies or feasibility
reports of the Department of Water Resources relating to any project
or feature of a project within 60 days following receipt of a formal
request for review from the Department of Water Resources.
SEC. 603. SEC. 536. Section 12994 of
the Water Code is amended to read:
12994. (a) The Legislature finds and declares all of the
following:
(1) The CALFED Bay-Delta Program has identified as a core action
the need for emergency levee management planning for delta levees to
improve system reliability.
(2) Even with active
levee maintenance, the threat of delta levee failures from
earthquake, flood, or poor levee foundation, will continue to exist.
(3) Because of this threat of failure, and the potential need to
mobilize people and equipment in an emergency to protect delta levees
and public benefits, the department needs authority that will enable
it to act quickly.
(b) The department may do all of the following:
(1) In an emergency, as defined by Section 21060.3 of the Public
Resources Code, that requires immediate levee work to protect public
benefits in the delta, the department may use funds pursuant to this
part without prior approval of a plan by the board or the Department
of Fish and Wildlife, in which case the requirements of Sections
12314 and 12987, and the memorandum of understanding pursuant to
Section 12307, shall be carried out as soon as possible.
(A) The amount of funds that may be expended each year on
emergency levee work under this section shall not be greater than two
hundred thousand dollars ($200,000) and the amount that may be
expended per emergency levee site shall not be greater than fifty
thousand dollars ($50,000). The local agency shall fund 25 percent of
the total costs of the emergency repair at a site or shall fund an
appropriate share of the costs as approved by the board and based
upon information of the local agency's ability to pay for the
repairs.
(B) Department contracts executed for emergency levee work under
this section shall be exempted from Department of General Services
approval required under the Public Contract Code.
(C) As soon as feasible after the emergency repair, the department
shall submit a report to the board describing the levee work, costs
incurred, and plans for future work at the site, including any
necessary mitigation.
(D) This section is intended to supplement emergency services
provided by the state or the United States. Nothing in this section
overrides or supersedes the authority of the Director of Emergency
Services under the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code) or the Disaster Assistance Act (Chapter 7.5
(commencing with Section 8680) of Division 1 of Title 2 of the
Government Code).
(2) Prepare and submit to the board for adoption a delta emergency
response plan for levee failures. The plan is exempt from Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. The plan may include recommendations of the
multiagency response team established pursuant to paragraph (3) and
may include, but not be limited to, the following:
(A) Standardized contracts for emergency levee work to be executed
by the department, local agencies, or other appropriate entities.
(B) Criteria for eligible emergency levee work.
(C) Definition of an emergency levee site.
(D) Documentation requirements.
(E) Proposals for complying with the federal Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code) in an emergency.
(F) Stages of emergency response that may occur in various
situations.
(3) Establish a multiagency emergency response team, consisting of
representatives from the department, the board, the Department of
Fish and Wildlife, the California Conservation Corps, the Office of
Emergency Services, the Federal Emergency Management Agency, the
United States Army Corps of Engineers, and the United States Fish and
Wildlife Service to advise on methods to ensure that levee
emergencies will be resolved as quickly and safely as possible.
SEC. 604. SEC. 537. Section 13271 of
the Water Code is amended to read:
13271. (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the state toxic disaster contingency
plan adopted pursuant to Article 3.7 (commencing with Section
8574.16) of Chapter 7 of Division 1 of Title 2 of the Government
Code.
(2) The Office of Emergency Services shall immediately notify the
appropriate regional board, the local health officer, and the
director of environmental health of the discharge. The regional board
shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations establishing reportable
quantities shall not supersede waste discharge requirements or water
quality objectives adopted pursuant to this division, and shall not
supersede or affect in any way the list, criteria, and guidelines for
the identification of hazardous wastes and extremely hazardous
wastes adopted by the Department of Toxic Substances Control pursuant
to Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. The regulations of the Environmental
Protection Agency for reportable quantities of hazardous substances
for purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) shall be in effect for purposes of the enforcement of
this section until the time that the regulations required by this
subdivision are adopted.
(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations establishing
reportable quantities shall not supersede waste discharge
requirements or water quality objectives adopted pursuant to this
division. For purposes of this section, "sewage" means the effluent
of a municipal wastewater treatment plant or a private utility
wastewater treatment plant, as those terms are defined in Section
13625, except that sewage does not include recycled water, as defined
in subdivisions (c) and (d) of Section 13529.2.
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the Office of Emergency Services, the person shall include all of
the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SEC. 605. SEC. 538. Section 13272 of
the Water Code is amended to read:
13272. (a) Except as provided by subdivision (b), any person who,
without regard to intent or negligence, causes or permits any oil or
petroleum product to be discharged in or on any waters of the state,
or discharged or deposited where it is, or probably will be,
discharged in or on any waters of the state, shall, as soon as (1)
that person has knowledge of the discharge, (2) notification is
possible, and (3) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
Office of Emergency Services of the discharge in accordance with the
spill reporting provision of the California oil spill contingency
plan adopted pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7 of Division 1 of Title 2 of the Government Code. This
section shall not apply to spills of oil into marine waters as
defined in subdivision (f) of Section 8670.3 of the Government Code.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division.
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than five hundred dollars ($500) or more than five thousand
dollars ($5,000) per day for each day of failure to notify, or
imprisonment of not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which does not result in a
discharge to the waters of this state. This subdivision shall not
apply to any person who is fined by the federal government for a
failure to report a discharge of oil.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) Immediate notification to the appropriate regional board of
the discharge, in accordance with reporting requirements set under
Section 13267 or 13383, shall constitute compliance with the
requirements of subdivision (a).
(f) The reportable quantity for oil or petroleum products shall be
one barrel (42 gallons) or more, by direct discharge to the
receiving waters, unless a more restrictive reporting standard for a
particular body of water is adopted.
SEC. 606. SEC. 539. Section 79522 of
the Water Code is amended to read:
79522. (a) Funds made available pursuant to Section 79520 shall
be appropriated to the State Department of Public Health to carry out
this chapter consistent with the requirements and for the purposes
specified in Section 79520.
(b) In the development of priorities for expenditure of the funds
appropriated for the purposes of this section, the State Department
of Public Health shall consult with the Office of Emergency Services
and local water agencies to develop criteria for the department's
programs.
(c) Funds allocated pursuant to this section shall not be
available for grants that reimburse project costs incurred prior to
the adoption of criteria for the grants provided in this section.
(d) No grant funds may be awarded to supplant funding for the
routine responsibilities or obligations of any state, local, or
regional drinking water system.
SEC. 607. SEC. 540. Section 1789 of
the Welfare and Institutions Code is amended to read:
1789. (a) A Runaway Youth and Families in Crisis Project shall be
established in one or more counties in the San Joaquin Central
Valley, in one or more counties in the northern region of California,
and in one or more counties in the southern region of California.
Each project may have one central location, or more than one site, in
order to effectively serve the target population.
(b) The Office of Emergency Services shall prepare and disseminate
a request for proposals to prospective grantees under this chapter
within four months after this chapter has been approved and enacted
by the Legislature. The Office of Emergency Services shall enter into
grant award agreements for a period of no less than three years, and
the operation of projects shall begin no later than four months
after grant award agreements are entered into between the agency and
the grantee. Grants shall be awarded based on the quality of the
proposal, the documented need for services in regard to runaway
youth, and to organizations, as specified in subdivision (d) of this
section, in localities that receive a disproportionately low share of
existing federal and state support for youth shelter programs.
(c) The Office of Emergency Services shall require applicants to
identify, in their applications, measurable outcomes by which the
agency will measure the success of the applicant's project. These
measurable outcomes shall include, but not be limited to, the number
of clients served and the percentage of clients who are successfully
returned to the home of a parent or guardian or to an alternate
living condition when reunification is not possible.
(d) Only private, nonprofit organizations shall be eligible to
apply for funds under this chapter to operate a Runaway Youth and
Families in Crisis Project, and these organizations shall be required
to annually contribute a local match of at least 15 percent in cash
or in-kind contribution to the project during the term of the grant
award agreement. Preference shall be given to organizations that
demonstrate a record of providing effective services to runaway youth
or families in crisis for at least three years, successfully
operating a youth shelter for runaway and homeless youth, or
successfully operating a transitional living facility for runaway and
homeless youth who do not receive transitional living services
through the juvenile justice system. Additional weight shall also be
given to those organizations that demonstrate a history of
collaborating with other agencies and individuals in providing such
services. Priority shall be given to organizations with existing
facilities. Preference shall also be given to organizations that
demonstrate the ability to progressively decrease their reliance on
resources provided under this chapter and to operate this project
beyond the period that the organization receives funds under this
chapter.
SEC. 608. SEC. 541. Section 9101 of
the Welfare and Institutions Code is amended to read:
9101. (a) The department shall consist of a director, and any
staff as may be necessary for proper administration.
(b) The department shall maintain its main office in Sacramento.
(c) The Governor, with the consent of the Senate, shall appoint
the director. The Governor shall consider, but not be limited to,
recommendations from the commission.
(d) The director shall have the powers of a head of a department
pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall receive the
salary provided for by Chapter 6 (commencing with Section 11550) of
Part 1 of Division 3 of Title 2 of the Government Code.
(e) The director shall do all of the following:
(1) Be responsible for the management of the department and
achievement of its statewide goals.
(2) Assist the commission in carrying out its mandated duties and
responsibilities in accordance with Section 9202.
(f) The Secretary of California Health and Human Services shall
ensure effective coordination among departments of the agency in
carrying out the mandates of this division. For this purpose, the
secretary shall regularly convene meetings concerning services to
older individuals that shall include, but not be limited to, the
State Department of Health Care Services, the State Department of
Social Services, the State Department of Public Health, and the
department.
(g) The Secretary of California Health and Human Services shall
also encourage other state entities that have other programs for
older individuals to actively participate in periodic joint meetings
for the joint purpose of coordinating service activities. These
entities shall include, but not be limited to, the Department of
Housing and Community Development, the Department of Parks and
Recreation in the Natural Resources Agency, the Transportation
Agency, the California Arts Council, and the Department of Veterans
Affairs.
SEC. 609. SEC. 542. Section 9625 of
the Welfare and Institutions Code is amended to read:
9625. (a) No later than June 30, 2007, each multipurpose senior
center and each senior center, as defined in subdivisions (j) and (n)
of Section 9591, shall develop and maintain a written emergency
operations plan. This emergency operations plan shall include, but
not be limited to, all of the following:
(1) Facility preparation procedures to identify the location of
first aid supplies, secure all furniture, appliances, and other
free-standing objects, and provide instructions for operating gas and
water shutoff valves.
(2) An inventory of neighborhood resources that shall include, but
not be limited to, the identification and location of all the
following nearby resources:
(A) Generators.
(B) Telephones.
(C) Hospitals and public health clinics.
(D) Fire stations and police stations.
(3) Evacuation procedures, including procedures to accommodate
those who will need assistance in evacuating the center. This
evacuation plan shall be located in an area that is accessible to the
public.
(4) Procedures to accommodate seniors, people with disabilities,
and other community members in need of shelter at the senior center,
in the event that other community facilities are inoperable.
(5) Personnel resources necessary for postdisaster response.
(6) Procedures for conducting periodic evacuation drills, fire
drills, and earthquake drills.
(7) Procedures to ensure service continuation after a disaster.
(8) Consideration of cultural and linguistic barriers in emergency
and evacuation plans, and ways to appropriately address those
barriers.
(b) In the development of the emergency operations plans required
by this chapter, multipurpose senior centers and senior centers shall
coordinate with the Office of Emergency Services, the local area
agency on aging, as defined in Section 9006, and other relevant
agencies and stakeholders.
SEC. 610. SEC. 543. Section 14085.54
of the Welfare and Institutions Code is amended to read:
14085.54. (a) The Los Angeles County University of Southern
California (LAC-USC) Medical Center may submit revised final plans to
the Office of Statewide Health Planning and Development to replace
the original capital expenditure project plans that met the initial
eligibility requirements provided for under Section 14085.5 if all of
the following conditions are met:
(1) The revised capital expenditure project meets all other
requirements for eligibility as specified in Section 14085.5.
(2) The revised plans are submitted to the Office of Statewide
Health Planning and Development on or before December 31, 2002,
except that, with respect to a facility in the San Gabriel Valley of
not less than 80 beds, the revised plans may be submitted not later
than December 31, 2003.
(3) The scope of the capital project shall consist of two
facilities with not less than a total of 680 beds.
(b) Funding under Section 14085.5 shall not be provided unless all
of the conditions specified in subdivision (a) are met.
(c) The revised plans for the LAC-USC Medical Center capital
expenditure project may provide for one or more of the following
variations from the original capital expenditure project plan
submission:
(1) Total revisions or reconfigurations, or reductions in size and
scope.
(2) Reduction in, or modification of, some or all inpatient
project components.
(3) Tenant interior improvements not specified in the original
capital expenditure project plan submission.
(4) Modifications to the foundation, structural frame, and
building exterior shell, commonly known as the shell and core.
(5) Modifications necessary to comply with current seismic safety
standards.
(6) Expansion of outpatient service facilities that operate under
the LAC-USC Medical Center license.
(d) The revised capital expenditure project may provide for an
additional inpatient service site to the current LAC-USC Medical
Center only if the additional inpatient service site meets both of
the following criteria:
(1) The San Gabriel Valley site is owned and operated by the
County of Los Angeles.
(2) The San Gabriel Valley site is consolidated under the LAC-USC
Medical Center license.
(e) (1) Supplemental reimbursement for the revised capital
expenditure project for LAC-USC Medical Center, as described in this
section, shall be calculated pursuant to subdivision (c) of Section
14085.5, as authorized and limited by this section. The initial
Medi-Cal inpatient utilization rate for the LAC-USC Medical Center,
for purposes of calculating the supplemental reimbursement, shall be
that which was established at the point of the original capital
expenditure project plan submission. The revised capital expenditure
project costs, including project costs related to the additional
inpatient service site, eligible for supplemental reimbursement under
this section shall not exceed 85 percent of the project costs,
including all eligible construction, architectural and engineering,
design, management and consultant costs that would have qualified for
supplemental reimbursement under the original capital project. The
Legislature finds that the original qualifying amount was one billion
two hundred sixty-nine million seven hundred thirty-five thousand
dollars ($1,269,735,000).
(2) Notwithstanding any other provision of this section, any
portion of the revised capital expenditure project for which the
County of Los Angeles is reimbursed by the Federal Emergency
Management Agency and the Office of Emergency Services shall not be
considered eligible project costs for purposes of determining
supplemental reimbursement under Section 14085.5.
(3) The department shall seek a Medicaid state plan amendment in
order to maximize federal financial participation. However, if the
department is unable to obtain federal financial participation at the
Medi-Cal inpatient adjustment rate as described in paragraph (1),
the state shall fully fund any amount that would otherwise be funded
under this section, but for which federal financial participation
cannot be obtained.
(f) The LAC-USC Medical Center shall provide written notification
to the department of the status of the project on or before January 1
of each year, commencing January 1, 2002. This notification shall,
at a minimum, include a narrative description of the project,
identification of services to be provided, documentation
substantiating service needs, projected construction timeframes, and
total estimated revised capital project costs.
(g) The project, if eligible under the criteria set forth in this
section and Section 14085.5, shall commence construction at both
facilities referred to in subdivision (a) on or before January 1,
2004.
(h) In addition to the requirements of subdivision (f), the
project shall be licensed for operation and available for occupancy
on or before January 1, 2009.
(i) On or before August 15, 2001, the County of Los Angeles may
withdraw any revised final plans that are submitted pursuant to this
section prior to that date if the Board of Supervisors of Los Angeles
County finds that insufficient funds are available to carry out the
capital expenditure project described in this section.
SEC. 611. SEC. 544. Section 18275.5
of the Welfare and Institutions Code is amended to read:
18275.5. Unless the context requires otherwise, for purposes of
this chapter:
(a) "Director" means the Director of Emergency Services.
(b) "Office" means the Office of Emergency Services.
SEC. 612. SEC. 545. Section 18277 of
the Welfare and Institutions Code is amended to read:
18277. The director shall select two child sexual abuse
prevention training centers, one in northern California and the other
in southern California, which shall receive state funds pursuant to
this chapter. The director shall give consideration to existing
demonstration programs relating to the prevention of sexual abuse of
children and may award grant awards on a sole source basis to the two
training centers which he or she selects for funding. The office
shall appraise the performance of the training centers on an annual
basis and determine whether they shall receive continuation grants.
SEC. 613. SEC. 546. Section 18278 of
the Welfare and Institutions Code is amended to read:
18278. (a) The office shall make grants to community nonprofit
child sexual abuse treatment programs that are unable to meet the
current demand for their services, pursuant
to this section.
(b) Programs seeking these grants shall apply to the Office of
Criminal Justice Planning in the manner prescribed by the Office of
Criminal Justice. Each award shall be limited to twenty-five thousand
dollars ($25,000). Programs shall be selected based, at a minimum,
on the following criteria:
(1) The program's inability to meet the public demand for its
services.
(2) The program's use of the award to maximize the services
provided to clients who would not otherwise be served.
(3) The likelihood that the program will be able to maintain the
new level of service after the funds granted are depleted.
The awards shall be equitably distributed to programs in northern
and southern California. At least one-fourth of the funds shall be
distributed to rural programs.
(c) The office shall fund programs as expeditiously as possible;
program funding shall commence within 90 days after the effective
date of this chapter.
SEC. 614. SEC. 547. Section 18278.5
of the Welfare and Institutions Code is amended to read:
18278.5. The office shall enter into contracts with the centers
for the provision of services required by this chapter within four
months of the effective date of this chapter.
SEC. 615. SEC. 548. This act shall
become operative on July 1, 2013, except that Sections 57
and 58 54 and 55 of this act, amending Sections
5240 and 5400 of the Civil Code, respectively, shall become operative
on January 1, 2014.
SEC. 616. SEC. 549. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the California Constitution and shall go into immediate
effect. The facts constituting the necessity are:
To allow the statutes to reflect the changes in law operative on
July 1, 2013, as a result of the effectiveness of the Governor's
Reorganization Plan No. 2, it is necessary that this act take effect
immediately.