The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor’s Executive Orders S-3-05 and B-30-15.
(b) The state has developed a comprehensive climate adaptation strategy document titled “Safeguarding California: Implementation Action Plans” and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies.
(c) The state’s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions.
(d) The drought has heightened awareness and underscored the importance of sustainable water management.
(e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases.
(f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state’s policy to reduce greenhouse gas levels.
(g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch.
(h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows.
(i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner.
SEC. 2.
Section 42649.87 of the Public Resources Code is amended to read:
42649.87.
(a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state.
(b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal.
(c) The
California
Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following:
(1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative.
(2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure.
(3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment.
(4)
(A)
Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter.
(B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89.
(5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 3.
Section 42649.89 is added to the Public Resources Code, to read:
42649.89.
(a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87.
(b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth.
SEC. 2.
SEC. 4.
Division 45 (commencing with Section 75300) is added to the Public Resources Code, to read:
DIVISION 45. Community Climate and Drought Resilience Program of 2016
CHAPTER  1. General Provisions and Definitions
75300.
In enacting this division, it is the intent of the Legislature to do both of the following:
(a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening.
(b) Enable opportunities for employment of California’s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities.
75301.
The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following:
(a) Help urban and rural communities adapt to the effects of climate change.
(b) Improve water management and drought preparedness.
(c) Provide workforce training to young men and women in disadvantaged communities.
(d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following:
(1) Improvement and continued management of urban forest canopy and carbon soil sequestration.
(2) Development and application of compost made from organic waste that is diverted from landfills.
75305.
For purposes of this division, the following definitions apply:
(a) “CalFire” means the Department of Forestry and Fire Protection.
(b) “CalRecycle” means the Department of Resources Recycling and Recovery.
(c) “Disadvantaged communities” means communities identified pursuant to Section 39711 of the Health and Safety Code.
CHAPTER  2. Urban Forestry
75310.
(a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following:
(1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following:
(A) Mulching, watering, or pruning.
(B) The use of onsite water capture, recycled water, and other local water sources.
(C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest.
(2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors.
(b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following:
(1) Planning and technical assistance for eligible applicants assisting disadvantaged communities.
(2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health.
3.
The Use of Compost in Farming and Landscaping Practices
75320.
(a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas.
(b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program.
(c)CalRecycle shall develop and update regulations for the implementation of this chapter.

Summary: Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications. This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. Existing law requires the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to perform specified functions, including developing recommendations for promoting organic waste processing and recycling infrastructure statewide. This bill would require the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to additionally assess state programs to determine how those programs may increase the use of compost for specified purposes and develop recommendations for promoting the use of compost throughout the state. The bill would require that those recommendations be posted on the agency’s Internet Web site no later than January 1, 2018, and be updated annually thereafter. The bill would require an implementing agency, required to be identified with those recommendations, to develop a program to implement policies for promoting the use of compost throughout the state, if recommended, and, for purposes of that program, to prioritize projects that utilize the services of community conservation corps or other local nonprofit entities that employ underprivileged youth.

An act to
amend Section 42649.87 of,
to
add
Section 42649.89 to, and to add
Division 45 (commencing with Section 75300)
to
to,
the Public Resources Code, relating to the environment.


The people of the State of California do enact as follows:

SECTION 1.
Section 2962 of the Penal Code is amended to read:
2962.
As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows:
(a) (1) The prisoner has a severe mental disorder that is not in remission or that cannot be kept in remission without treatment.
(2) The term “severe mental disorder” means an illness or disease or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities, or addiction to or abuse of intoxicating substances.
(3) The term “remission” means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan.
(b) The severe mental disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison.
(c) The prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release.
(d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that by reason of his or her severe mental disorder the prisoner represents a substantial danger of physical harm to others. For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be done at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation.
(2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, then the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978.
(3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as a mentally disordered offender. It is not required that the prisoner appreciate or understand that information.
(e) The crime referred to in subdivision (b) meets both of the following criteria:
(1) The defendant received a determinate sentence pursuant to Section 1170 for the crime.
(2) The crime is one of the following:
(A) Voluntary manslaughter.
(B) Mayhem.
(C) Kidnapping in violation of Section 207.
(D) Any robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery.
(E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking.
(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(I) Lewd acts on a child under 14 years of age in violation of Section 288.
(J) Continuous sexual abuse in violation of Section 288.5.
(K) The offense described in subdivision (a) of Section 289 where the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 where the act posed a substantial danger of physical harm to others.
(M) Any felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55.
(N) A violation of Section 18745.
(O) Attempted murder.
(P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243.
(Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in such a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm shall not require proof that the threatened act was likely to cause great or serious bodily injury.
(f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals.
(g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act.

Summary: Existing law requires, as a condition of parole, a prisoner who has a severe mental disorder that is not in remission and who meets specified criteria to be treated by the State Department of State Hospitals and provided the necessary treatment. In order for that commitment to occur, existing law requires, among other criteria, that the severe mental disorder be one of the causes of, or an aggravating factor in, the commission of the crime, as defined, for which the prisoner was sentenced to prison. Existing law also requires the prisoner to have been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. Existing law establishes procedures for the evaluation of a prisoner under these provisions by specified health practitioners of the State Department of State Hospitals and the Department of Corrections and Rehabilitation. This bill would authorize the use of certain documentary evidence for purposes of satisfying the criteria used to evaluate whether a prisoner released on parole is required to be treated by the State Department of State Hospitals.

An act to amend Section 2962 of the Penal Code, relating to mentally ill prisoners.


The people of the State of California do enact as follows:

SECTION 1.
Section 10095 of the Insurance Code is amended to read:
10095.
(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state.
(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program.
(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance.
(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner.
(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels.
(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter.
(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof.
(h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance.
(i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date.
SEC. 2.
Section 10095 is added to the Insurance Code, to read:
10095.
(a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state.
(b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program.
(c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance.
(d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner.
(e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels.
(f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter.
(g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof.
(h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance.
(i) This section shall become operative March 1, 2017.
SEC. 3.
Section 10095.5 of the Insurance Code is amended to read:
10095.5.
(a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured.
(b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods:
(1) Making an application for insurance through the plan by submitting an application at the person’s request.
(2) Providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number.
(3) Making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage.
SEC. 4.
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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately.

Summary: Under existing law, the California FAIR Plan Association is a joint reinsurance association of state insurers that is established to, among other things, assist persons in securing basic property insurance for qualified property for which insurance cannot be obtained through the normal insurance market. Existing law requires the association to establish and maintain a toll-free telephone number through which a person may receive assistance in applying for basic property insurance. Existing law requires an insurer member of the plan to provide to an applicant who is denied coverage the toll-free telephone number for the plan for information and assistance in obtaining basic property insurance. Existing law requires an agent or broker transacting basic property insurance to either assist a person in making an application for insurance through the plan or to provide the person with that toll-free telephone number. This bill would additionally require the association to establish and maintain an Internet Web site at which a person may receive information and assistance in applying for insurance through the plan and would require the association to include the toll-free telephone number and the Internet Web site address on all communications with an applicant or an insured. The bill, beginning March 1, 2017, would require an insurer member to provide an applicant denied coverage or a policyholder whose policy is canceled or not renewed both that Internet Web site address and toll-free telephone number. The bill would delete the provision permitting an agent or broker to provide the toll-free telephone number of the plan as an alternative to assisting a person in making an application for insurance through the plan, and would instead require an agent or broker to assist a person seeking his or her help in obtaining basic property insurance coverage by making an application for insurance through the plan by submitting an application at the person’s request, by providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number, or by making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 10095.5 of, and to amend, repeal, and add Section 10095 of, the Insurance Code, relating to insurance, and declaring the urgency thereof, to take effect immediately.


The people of the State of California do enact as follows:

SECTION 1.
Section 170 of the Revenue and Taxation Code is amended to read:
170.
(a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed.
To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following:
(1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity.
(2) A misfortune or calamity.
(3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977.
The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit.
An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed.
(b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss.
(c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable.
(2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage.
(3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction.
(d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b).
(2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l).
(e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration.
(f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5.
(g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value.
(2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date.
(3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51.
(B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency.
(h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction:
(A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared.
(B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll.
(2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date.
(3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70.
(i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section.
(j) This section applies to all counties, whether operating under a charter or under the general laws of this state.
(k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b).
(l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment.
(m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016.
SEC. 3.
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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.

Summary: Existing property tax law authorizes the board of supervisors of a county to provide that every assessee or person liable for taxes on any taxable property whose property was damaged or destroyed without his or her fault may apply for reassessment of that property, as provided. To be eligible for reassessment, existing law requires that the damage or destruction of the property be caused by specified circumstances, including a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of disaster. This bill would additionally authorize the board of supervisors of a county to provide for reassessment of property destroyed or damaged by a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of emergency. The bill would specify that “damage” includes a diminution in the value of property as a result of environmental contamination. The bill would also provide that the amendments made by its provisions would apply retroactively to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016 and that, with respect to these properties, the application for reassessment may be filed within 12 months of the enactment of this bill or within the time specified in the ordinance, whichever is later. The bill would specify that these provisions do not alter existing law regarding claims or defenses related to diminution of property values or establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak in the Porter Ranch neighborhood. Existing law requires the assessed value of the property in its damaged condition, determined as specified, to be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. Existing law, if partial reconstruction, restoration, or repair has occurred on any subsequent lien date, requires the taxable value to be increased by a specified amount. This bill, for property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency, on the 3rd lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, would require the assessed value of the property to be determined, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 170 of the Revenue and Taxation Code, relating to taxation, and declaring the urgency thereof, to take effect immediately.


The people of the State of California do enact as follows:

SECTION 1.
Section 556.4 of the Penal Code is amended to read:
556.4.
For purposes of this article, information that appears on
any
a
sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device:
(a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm.
(b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event.
(c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.
SECTION 1.
The Legislature finds and declares all of the following:
(a)On February 10, 2014, the three-judge court overseeing the California prison overcrowding class action case (Coleman v. Brown (2013) 952 F.Supp.2d 901) issued an order that, among other things, requires the state to implement an Elderly Parole Program so that prisoners who are 60 years of age or older and who have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole. The BPH implemented this Elderly Parole Program on October 1, 2014.
(b)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current sentence serving either a determinate or indeterminate sentence, and who have not yet had an initial parole suitability hearing are referred by the California Department of Corrections and Rehabilitation (CDCR) to the BPH and scheduled for an Elderly Parole Program Suitability hearing.
(c)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current term and who have already been denied parole at the initial suitability hearing are considered for a new hearing under the Elderly Parole Program.
(d)The BPH currently reviews all three-year denials annually to determine if a more prompt parole consideration hearing should be considered. Under the existing Elderly Parole Program, the BPH includes within that annual review whether any prisoner meets the elder parole eligibility criteria, and if so whether to schedule a hearing.
(e)Under the existing Elderly Parole Program, prisoners who have lengthier denial periods can file petitions with the BPH asking that their hearing be advanced because they meet the eligibility criteria for elder parole.
(f)The BPH may deny parole if an elderly prisoner’s release would pose an unreasonable risk of danger to public safety. Parole suitability hearing decisions for elderly parole inmates are reviewed in the same manner as all other parolees under eligibility consideration, pursuant to criteria specified by Section 2281 of Title 15 of the California Code of Regulations. However, for all Elderly Parole Program hearings, the BPH risk assessments consider whether age, time served, and diminished physical condition, if any, reduce elderly prisoners’ risk for future violence.
(g)The number of elderly prisoners in California state prisons will continue to increase exponentially. In 2013, the CDCR reported a population of prisoners 50 years of age and older as 27,580 and the population of prisoners 55 years of age and older as 14,856.
(h)Costs associated with geriatric medical needs begin to accumulate at 50 years of age, given that there is an overwhelming consensus that the age of 50 constitutes a point when prisoners are considered elderly. In 2010, the LAO estimated from other state projections that incarcerating elderly offenders costs two to three times more than for the general prison population. In 2010, the average cost of incarcerating an inmate was approximately $51,000.
(i)Older persons have significantly low arrest rates. In 2001, the federal arrest rate for persons 40 to 44, inclusive, years of age was 0.73 percent. The rate decreases by about one-half every five years, dropping to 0.46 percent for persons 45 to 49, inclusive, years of age and 0.26 percent for persons 50 to 54, inclusive, years of age. For persons 50 to 59, inclusive, years of age, the arrest rate plummets to 0.14 percent.
(j)There is a lower risk of recidivism among elderly prisoners, according to CDCR statistics. In 2013, CDCR reported that only 33.8 percent of persons who were 60 years of age and older, returned to prison after one year from being released from prison. Recidivism rates for persons 50 to 54, inclusive, years of age and 55 to 59, inclusive, years of age after one year from being released from prison were 39.9 and 38.3 percent, respectively.
SEC. 2.
Section 3055 is added to the
Penal Code
, to read:
3055.
(a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings.
(b)A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets all of the following conditions:
(1)The prisoner is 50 years of age or older.
(2)The prisoner has served 15 years of his or her sentence.
(3)The prisoner has a reentry plan identifying residential, financial, and social integration plans.
(c)When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence.
(d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).

Summary: Existing law makes it a misdemeanor to place or maintain any sign, picture, transparency, advertisement, or mechanical device for the purpose of advertising on public or private property without lawful permission or consent of the owner. Existing law allows information that appears on the advertisement to be used as evidence to establish the fact that a person or entity is responsible for posting the advertisement. This bill would make a technical, nonsubstantive change to these provisions. Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmate’s minimum eligible parole release date to document the inmate’s activities and conduct pertinent to parole eligibility. Existing law, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victim’s safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require an additional period of incarceration. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, imposes increased penalties for certain recidivist offenders. In particular, it requires that, in addition to any other enhancement or penalty provisions that may apply, if a defendant has 2 or more prior felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term of the greatest of 3 times the term otherwise provided as punishment for each current felony conviction subsequent to the 2 or more prior felony convictions, imprisonment in the state prison for 25 years, or the term determined by the court for the underlying conviction, including any applicable enhancement or punishment provisions. The initiative measure enacting the Three Strikes Law prohibits the Legislature from amending the act except by a statute passed by a 2 3 vote or by a statute that becomes effective only when approved by the electors. This bill would establish the Elderly Parole Program, for prisoners who are 50 years of age or older, who have served 15 years of their sentence, and who have a reentry plan identifying residential, financial, and social integration plans. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoner’s next parole suitability hearing.

An act to
add
amend
Section
3055 to
556.4 of
the Penal Code, relating to
parole.
trespass.


The people of the State of California do enact as follows:

SECTION 1.
Section 1808.4 of the Vehicle Code is amended to read:
1808.4.
(a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender.
(8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code.
(13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods.
(23) A state employee in one of the following classifications:
(A) Licensing-Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist I, Department of the California Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security Officer.
(D) Licensing Program Analyst, State Department of Social Services.
(24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence.
(B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation.
(ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation.
(iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation.
(D) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.
(ii) The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction.
(b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record.
(2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available.
(3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer.
(4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony.

Summary: Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer. This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.

An act to amend Section 1808.4 of the Vehicle Code, relating to vehicles.


The people of the State of California do enact as follows:

SECTION 1.
Article 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read:
Article  2.10. Aquifer Protection
65891.
The Legislature finds and declares as follows:
(a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft.
(b) During California’s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers.
(c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions.
(d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers.
(e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins.
(f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations.
(g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities.
(h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution.
65891.1.
As used in this article:
(a) “Basin” has the meaning provided in Section 10721 of the Water Code.
(b) “Board” means the State Water Resources Control Board.
(c) “Bulletin 118” has the meaning provided in Section 10721 of the Water Code.
(d) “De minimis extractor” has the meaning provided in Section 10721 of the Water Code.
(e) “Department” means the Department of Water Resources.
(f) “Disadvantaged unincorporated community” has the meaning provided in Section 56033.5.
(g) “Groundwater” has the meaning provided in Section 10721 of the Water Code.
(h) “Groundwater extraction facility” has the meaning provided in Section 10721 of the Water Code.
(i) “Groundwater sustainability plan” has the meaning provided in Section 10721 of the Water Code.
(j) “High-priority basin,” “medium-priority basin,” “low-priority basin,” and “very low priority basin” have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code.
(k) “Primary drinking water standards” has the meaning provided in Section 116275 of the Health and Safety Code.
(l) “Probationary basin” has the meaning provided in Section 10735 of the Water Code.
(m) “Special act water district” means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code.
(n) “Undesirable result” has the meaning provided in Section 10721 of the Water Code.
65891.2.
(a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following:
(1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result.
(2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following:
(A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board.
(B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft.
(b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following:
(1) A de minimis extractor.
(2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility.
(3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health.
(4) A groundwater extraction facility necessary for habitat or wetlands conservation.
(5) A groundwater extraction facility
necessary for a renewable energy project such as utility scale solar.
for a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually.
(6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document.
(c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section.
(d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section.
65891.3.
(a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016.
65891.4.
This article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result.
65891.5.
This article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first.
65891.6.
(a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater.
(b) This article does not apply
within the statutory boundaries of
to a basin, or any portion of a basin, managed by
a special act water
district.
district identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code.
(c) The Legislature finds and declares that the County of Napa’s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county’s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: The California Constitution requires the reasonable and beneficial use of water and that the conservation of the water resources of the state is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources and designated as subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill, by January 1, 2018, would require a city or county overlying a basin designated as a high- or medium-priority basin to establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result, as prescribed. The bill would prohibit a groundwater extraction facility in a high- or medium-priority basin from being developed without a valid groundwater extraction permit, with certain exceptions. The bill would not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. By increasing the duties of cities and counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to add Article 2.10 (commencing with Section 65891) to Chapter 4 of Division 1 of Title 7 of the Government Code, relating to land use.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair.
(b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following:
(1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans).
(2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness.
(3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average.
(4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average.
(c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission.
SEC. 2.
Section 13975 of the Government Code is amended 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. 3.
Section 14500 of the Government Code is amended to read:
14500.
There is in
the Transportation Agency
state government
a California Transportation Commission.
The commission shall act in an independent oversight role.
SEC. 4.
Section 14526.5 of the Government Code is amended to read:
14526.5.
(a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall
prepare
prepare, for review by the commission,
a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system.
As part of the programming process, the department shall program capital outlay support resources for each project in the program.
(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted.
(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components:
(1) Completion of project approval and environmental documents.
(2) Preparation of plans, specifications, and estimates.
(3) Acquisition of rights-of-way, including, but not limited to, support activities.
(4) Start of construction.
(d) The
program
department
shall
be submitted
submit its proposed program
to the commission not later than January 31 of each even-numbered year. Prior to submitting
the plan, the
its proposed program, the
department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission.
The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule.
(e) The commission
may
shall
review the
proposed
program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission
may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4.
is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year.
(f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.
(g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented.
SEC. 5.
Section 14534.1 of the Government Code is repealed.
14534.1.
Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.

Summary: Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The bill would require the department to submit any change in a programmed project’s cost, scope, or schedule to the commission for its approval.

An act to amend Sections 13975, 14500, and 14526.5 of, and to repeal Section 14534.1 of, the Government Code, relating to transportation.