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

SECTION 1.
Section 12439 of the Government Code is repealed.
SEC. 2.
Section 22775 of the Government Code is amended to read:
22775.
“Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. “Family member” does not include a former spouse or former domestic partner of an employee or annuitant.
SEC. 3.
Section 22781 of the Government Code is amended to read:
22781.
“Prefunding” means the making of periodic payments by an employer or employee to partially or completely fund or amortize the actuarially determined normal costs or unfunded actuarial obligation of the employer for postemployment health care benefits provided to annuitants and their family members.
SEC. 4.
Section 22843.1 is added to the Government Code, to read:
22843.1.
(a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file.
(b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows:
(1) At least once every three years for the following family members:
(A) Spouses.
(B) Domestic partners.
(C) Children and stepchildren.
(D) Domestic partner children.
(2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship.
(c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant.
SEC. 5.
Section 22844 of the Government Code is amended to read:
22844.
(a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare shall not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan.
(b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare shall not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design.
(c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or federal regulation.
(d) The board shall not grant any further exemptions to this section after July 1, 2015.
SEC. 6.
Section 22865 of the Government Code is amended to read:
22865.
Not later than 30 days prior to the approval of benefits and premium readjustments authorized under Section 22864, the board shall provide an initial estimate of proposed changes and costs in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Trustees of the California State University, the Department of Human Resources, the Director of Finance, and the Legislative Analyst.
SEC. 7.
Section 22866 of the Government Code is amended to read:
22866.
(a) The board shall report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefits program. The report shall include, but not be limited to the following:
(1) General overview of the health benefits program, including, but not limited to, the following:
(A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).
(B) Geographic coverage.
(C) Historic enrollment information by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier.
(D) Historic expenditures by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier.
(2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes.
(A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy.
(B) Discussion of risk.
(C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories.
(D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables.
(3) Overall member health as reflected by data on chronic conditions.
(4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program.
(5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans.
(6) A description of plan quality performance and member satisfaction, including, but not limited to, the following:
(A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS.
(B) The Medicare star rating for Medicare supplemental plans.
(C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants.
(D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations.
(E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts.
(7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following:
(A) Reserve levels and their adequacy to mitigate plan risk.
(B) The expected change in reserve levels and the factors leading to this change.
(C) Policies to reduce excess reserves or rebuild inadequate reserves.
(D) Decisions to lower premiums with excess reserves.
(E) The use of reinsurance and other alternatives to maintaining reserves.
(8) Description and reconciliation of administrative expenditures, including, but not limited to, the following:
(A) Organization and staffing levels, including salaries, wages, and benefits.
(B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers.
(C) Funding sources.
(D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund.
(9) Changes in strategic direction and major policy initiatives.
(b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795.
SEC. 8.
Section 22940 of the Government Code is amended to read:
22940.
(a) There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. Subject to the limitation provided in subdivision (b), notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000).
(b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of:
(A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount.
(B) July 1, 2046.
(2) For purposes of this subdivision, “designated state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity.
(3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding.
SEC. 9.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

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

An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.


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

SECTION 1.
Section 89724 of the Education Code is amended to read:
89724.
(a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature:
(1) All money received from the sale of California State University publications.
(2) All money received under an agreement entered into pursuant to Section 89036.
(3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code.
(b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall
provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans.
provide.
Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received
under Sections 89720 and 89721, and received
pursuant to Section 2080.8 of the Civil Code, may
also
be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply.
(c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to
their deposit
the deposit of that money
in the State Treasury.
SEC. 2.
Section 89725 of the Education Code is amended to read:
89725.
(a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury.
(b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University.
(c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund.
(d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate.
(e)
(1)Except as provided in paragraph (2), moneys
Moneys
in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees,
only
in eligible securities listed in Section 16430 of the Government
Code.
(2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and
Code, or,
in accordance with Section 89726,
by the Treasurer or by the chief fiscal officer of a campus of the California State University,
in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange
Commission,
Commission
or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund.
SEC. 3.
Section 89726 is added to the Education Code, to read:
89726.
(a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments.
(2) A majority of the members of the committee shall be individuals who have investment expertise and who are not
trustees.
employees of the California State University.
(3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee.
(b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts:
(1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000).
(2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000).
(3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000).
(4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725.
(c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance.
(2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees.
(d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance.
(e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code.
(f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.

Summary: Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest certain of those moneys that money in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30 of that money could be invested in these asset categories.

An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University.


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

SECTION 1.
Section
12803.2.5
13295.6
is added to the Government Code, to read:
12803.2.5.
13295.6.
(a) The
Secretary of Government Operations shall contract with an independent, third-party consulting firm to
Office of State Audits and Evaluations within the Department of Finance shall
assess the degree to which each activity and position related to the energy responsibilities of the Public Utilities Commission, as identified in the commission’s zero-based budget conducted pursuant to Section 318 of the Public Utilities Code, supports the core mission of the commission and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the commission.
(b) The
contracted consulting firm
office
shall provide to the Joint Legislative Budget Committee
and the Department of Finance
monthly updates on the progress of the assessment.
(c) (1) By April 1, 2016, the
Secretary of Government Operations
office
shall, pursuant to Section 9795, submit to the Legislature a report on the assessment.
(2) Pursuant to Section 10231.5, this subdivision is inoperative on April 1, 2020.
(d) The Public Utilities Commission shall reimburse the
Government Operations Agency
Department of Finance
for the costs incurred pursuant to this section upon request by the
agency
department
and appropriation by the Legislature.
SEC. 2.
Section 25751 of the Public Resources Code is amended to read:
25751.
(a) The Renewable Resource Trust Fund is hereby created in the State Treasury.
(b) The Emerging Renewable Resources Account is hereby established within the Renewable
Resources
Resource
Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes:
(1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012.
(2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012.
(3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code.
(c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b).
(d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012.
(e) If the Public Utilities Commission determines that the State Energy Resources Conservation and Development Commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any additional moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose.
SEC. 3.
Section 306 of the Public Utilities Code is amended to read:
306.
(a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San
Francisco.
Francisco or the City of Sacramento.
The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, “meeting” shall include all investigations, proceedings, and showings required by law to be open and public.
(c) The commission shall have a seal, bearing the inscription “Public Utilities Commission State of California.” The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 4.
Section 307.1 is added to the Public Utilities Code, to read:
307.1.
(a) The commission shall notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the commission in any criminal investigation at an expense exceeding one million dollars ($1,000,000) and shall provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services.
(b) A contract of any size entered into by the commission for outside legal counsel in any criminal investigation shall not include terms providing for the representation of individual employees except as provided in Section 995.9 of the Government Code. Copies of any contract for the representation of individual employees in a criminal investigation pursuant to Section 995.9 of the Government Code shall be provided to the Joint Legislative Budget Committee within 10 days of the date the contract is approved by the Department of General Services.
SEC. 2.
SEC. 5.
Section 309.5 of the Public Utilities Code is amended to read:
309.5.
(a) There is within the commission an independent Office of Ratepayer Advocates to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers.
(b) (1) The director of the office shall be appointed by, and serve at the pleasure of, the Governor, subject to confirmation by the Senate.
(2) The director shall annually appear before the appropriate policy committees of the Assembly and the Senate to report on the activities of the office.
(c) The director shall develop a budget for the office that shall be subject to final approval of the Department of Finance. As authorized in the approved budget, the office shall employ personnel and resources, including attorneys and other legal support staff, at a level sufficient to ensure that customer and subscriber interests are effectively represented in all significant proceedings. The office may employ experts necessary to carry out its functions. The director may appoint a lead attorney who shall represent the office, and shall report to and serve at the pleasure of the director.
(d) The commission shall coordinate with the office to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The procedures shall include, but shall not be limited to, the development of a code of conduct and procedures for ensuring that advocates and their representatives on a particular case or proceeding are not advising decisionmakers on the same case or proceeding.
(e) The office may compel the production or disclosure of any information it deems necessary to perform its duties from any entity regulated by the commission, provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission, if there is no assigned commissioner.
(f) There is hereby created the Public Utilities Commission Ratepayer Advocate Account in the General Fund. Moneys from the Public Utilities Commission Utilities Reimbursement Account in the General Fund shall be transferred in the annual Budget Act to the Public Utilities Commission Ratepayer Advocate Account. The funds in the Public Utilities Commission Ratepayer Advocate Account shall be a budgetary program fund administered and utilized exclusively by the office in the performance of its duties as determined by the director. The director shall annually submit a staffing report containing a comparison of the staffing levels for each five-year period.
(g) On or before January 10 of each year, the office shall provide to the chairperson of the fiscal committee of each house of the Legislature and to the Joint Legislative Budget Committee all of the following information:
(1) The number of personnel years utilized during the prior year by the Office of Ratepayer Advocates.
(2) The total dollars expended by the Office of Ratepayer Advocates in the prior year, the estimated total dollars expended in the current year, and the total dollars proposed for appropriation in the following budget year.
(3) Workload standards and measures for the Office of Ratepayer Advocates.
(h) The office shall meet and confer in an informal setting with a regulated entity prior to issuing a report or pleading to the commission regarding alleged misconduct, or a violation of a law or a commission rule or order, raised by the office in a complaint. The meet and confer process shall be utilized in good faith to reach agreement on issues raised by the office regarding any regulated entity in the complaint proceeding.
SEC. 3.
Section 326.6 is added to the
Public Utilities Code
, to read:
326.6.
The commission shall not fund any program by a state entity using charges collected from ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act.
SEC. 4.
SEC. 6.
Section 326.7 is added to the Public Utilities Code, to read:
326.7.
The
commission,
Department of Finance,
on a semiannual basis, shall provide to the Joint Legislative Budget Committee a written notification of any redirection of funds and
positions,
positions within the commission,
including
any
loaning
of
staff to other state agencies or departments.
SEC. 5.
SEC. 7.
Section 327.5 is added to the Public Utilities Code, to read:
327.5.
(a) The California Research Bureau shall conduct a review of the organization of the commission to ensure that the commission is the best governmental entity to continue to direct, regulate, and oversee activities under the commission’s jurisdiction, including safety enforcement, in energy, communications, transportation, and water sectors, to determine whether other governmental entities are duplicating the activities of the commission, and to determine whether other governmental entities are better situated to regulate and oversee those activities.
(b) In conducting the review, the California Research Bureau, in consultation with appropriate state entities, shall do all of the following:
(1) Make recommendations as to which state or local agencies are best suited to regulate and oversee those activities specified in subdivision (a).
(2) Make recommendations for improving oversight, regulation, and efficiency to best serve California’s ratepayers, businesses, and utilities.
(3) Estimate the costs associated with the implementation of its recommendations.
SEC. 8.
Section 769.5 is added to the Public Utilities Code, to read:
769.5.
(a) By April 1, 2016, the commission shall establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission.
(b) The expedited distribution grid interconnection dispute resolution process shall include the following elements:
(1) A distribution grid interconnection technical advisory panel consisting of at least eight individuals selected by the commission. Four of the technical advisory panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. If any member of the panel is an employee of, or contractor to, an electrical corporation, an employee of a vendor with an open application, or has a financial interest or financial relationship to a person or corporation with a financial interest in the outcome of the decision, that member shall not participate in any discussion involving that electrical corporation, vendor, or financially interested person or corporation.
(2) A review panel of four members shall be selected from the technical advisory panel for each dispute.
(3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission’s expedited distribution grid interconnection dispute resolution process.
(4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the dispute resolution process.
(5) If the dispute is filed with the commission, the commission shall ensure that a technical advisory panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute.
(6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the technical advisory panel.
(7) The panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies.
(8) The scope of the technical advisory panel’s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection.
(9) The scope of the technical advisory panel’s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties.
(10) Upon receipt of the recommendation from the technical advisory panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel from the technical advisory panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute.
(11) Any interested person seeking commission review of the executive director’s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission.
(c) The commission shall provide the members of the technical advisory panel that are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code.
SEC. 6.
SEC. 9.
The Public Utilities Commission shall report to the relevant policy and fiscal committees of the Legislature on the outcomes of the California Hub for Energy Efficiency Financing, or CHEEF, program. The commission shall not approve any extension of the CHEEF program sooner than 30 days after making its report pursuant to this section.
SEC. 7.
SEC. 10.
The sum of five million dollars ($5,000,000) is hereby appropriated from the Public Utilities Commission Utilities Reimbursement Account to the Public Utilities Commission for the support of the commission.
SEC. 8.
SEC. 11.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

Summary: The California Constitution establishes the Public Utilities Commission with jurisdiction over all public utilities, authorizes the commission PUC to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process, and authorizes the commission PUC to fix the rates and establish rules for public utilities, subject to control by the Legislature. The The Public Utilities Act provides that the office of the PUC shall be in the City and County of San Francisco, requires that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the PUC to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. This bill would require that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. The Public Utilities Act authorizes the PUC to appoint an attorney for the PUC who holds that office at the pleasure of the PUC. The act requires the PUC’s attorney to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the president, except as otherwise directed or authorized by vote of the PUC, to advise the PUC and each commissioner in regard to all matters in connection with the powers and duties of the PUC or a commissioner, when requested, and generally to perform all duties and services as attorney to the PUC that the president, or vote of the PUC, may require of him or her. This bill would require the PUC to notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the PUC in any criminal investigation at an expense exceeding $1,000,000 and to provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. Existing law provides that upon request made in writing to a public entity, that public entity may, in its discretion, defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action, except as specified. This bill would prohibit the PUC from including in a contract for outside legal counsel terms providing for the representation in any criminal matter of individual employees except as provided in the above-described law. The bill would require the PUC to supply the Joint Legislative Budget Committee with a copy of the contract to represent an individual employee in a criminal investigation pursuant to the above-described law within 10 days of the date the contract is approved by the Department of General Services. The Public Utilities Act establishes an independent Office of Ratepayer Advocates within the Public Utilities Commission, PUC to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the director of the office to develop a budget for the office that is submitted to the Department of Finance for final approval. Existing law authorizes the director of the office to appoint a lead attorney to represent the office and requires the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s PUC’s attorney and requires the Public Utilities Commission’s PUC’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested. Existing law requires the commission PUC to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. This bill would delete the requirement that the lead attorney obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s PUC’s attorney and the requirement that the Public Utilities Commission’s PUC’s attorney timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office. The bill would require the commission PUC to coordinate with the office in developing appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The California Constitution provides that the Legislature has plenary power, unlimited by the other provisions of the constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act authorizes the commission to supervise and regulate every public utility and to do all things that are necessary and convenient in the exercise of its power and jurisdiction whether specifically designated in the act or in addition thereto. This bill would prohibit the commission from funding any program by a state entity using charges collected from public utility ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. Existing law requires the commission PUC to submit to the Joint Legislative Budget Committee reports on all sources and amount of funding and actual and proposed expenditures for various activities. This bill would require the commission, Department of Finance, on a semiannual basis, to provide the Joint Legislative Budget Commission a written notification of any redirection of funds and positions, positions within the PUC, including any loaning of staff to other state agencies or departments. The bill would require the California Research Bureau to conduct a review of the organization of the commission PUC to ensure that the commission PUC is the best governmental entity to direct, regulate, and oversee specified public utility sectors. Existing decisions of the commission PUC establish the California Hub for Energy Efficiency Financing, or CHEEF, program, a 2-year pilot program administered by the California Alternative Energy and Advanced Transportation Financing Authority and funded through charges collected by specified electrical corporations and gas corporations from their ratepayers. The bill would require the commission to report to the relevant policy and fiscal committees of the Legislature on the outcomes of the CHEEF program and would prohibit the commission PUC from approving any extension of the program sooner than 30 days after making its report. Existing law establishes the Government Operations Agency consisting of certain state entities, including the Department of Human Resources, which is governed by the Secretary of Government Operations. Existing law places various duties upon the PUC with respect to distributed generation and requires each electrical corporation, as defined, to submit to the PUC for its approval a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources, as defined. Pursuant to existing law, the PUC has established operational and metering requirements for a generation facility to be interconnected to an electrical corporation’s distribution grid. This bill would require the PUC, by April 1, 2016, to establish an expedited distribution grid interconnection dispute resolution process, as specified, with the goal of resolving disputes over interconnection applications within the jurisdiction of the PUC in no more than 60 days from the time the dispute is formally brought to the PUC. Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine if a 3rd party, including the Energy Commission, should administer the electrical corporations’ continuation of the program. Existing law makes the New Solar Homes Partnership Program inoperative on June 1, 2018, and requires any funding made available be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. If the PUC determines that the Energy Commission should be the 3rd-party administrator for the New Solar Homes Partnership Program, this bill would require that any additional moneys made available to fund the New Solar Homes Partnership Program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. Existing law authorizes the Department of Finance to furnish services, or provide work for, any other state agency as requested by the Legislature and authorizes the department to charge an amount sufficient to recover the cost of furnishing services or the work performed. The This bill would require the Secretary of Government Operations to contract with an independent, 3rd-party consulting firm to Office of State Audits and Evaluations within the Department of Finance to assess the degree to which each activity and position related to the energy responsibilities of the commission PUC supports the core mission of the commission. PUC and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the PUC. The bill would require the secretary, office, by April 1, 2016, to submit a report to the Legislature on the assessment. The bill would require the PUC to reimburse the department for the costs incurred by the office upon request by the department. The bill would appropriate $5,000,000 to the commission PUC for the support of the commission. PUC. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

An act to add Section
12803.2.5
13295.6
to the Government Code,
to amend Section 25751 of the Public Resources Code,
and to amend
Section
Sections 306 and
309.5 of, and to add Sections
326.6,
307.1,
326.7,
and 327.5
327.5, and 769.5
to, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor, to take effect immediately, bill related to the budget.


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

SECTION 1.
Section 208.3 is added to the Welfare and Institutions Code, to read:
208.3.
(a) For purposes of this section, the following definitions shall apply:
(1) “Juvenile facility” includes any of the following:
(A) A juvenile hall, as described in Section 850.
(B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880).
(C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(D) A regional youth educational facility, as described in Section 894.
(E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5.
(F) Any other local or state facility used for the confinement of minors or wards.
(2) “Minor” means a person who is any of the following:
(A) A person under 18 years of age.
(B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility.
(C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(3) “Solitary confinement” means the placement of an incarcerated person in a locked sleep room or cell alone with minimal or no contact with persons other than guards, correctional facility staff, and attorneys. Solitary confinement does not include confinement of a person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, including, but not limited to, shift changes, showering, unit movements, and protection against communicable diseases with the written approval of a licensed physician for the shortest amount of time required to reduce the risk of infection in cases where a person is not required to be in an infirmary for an illness.
(4) “Voluntary time out” means a brief period of time in a sleep room or cell upon the written and signed request of the person confined in a juvenile facility.
(5) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602.
(b) A person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, as defined in subdivision (h) of Section 5008, shall not be subject to solitary confinement.
(c) A person confined in any secure state or local juvenile facility, and who is not described in subdivision (b), shall be subject to solitary confinement only if all of the following are true:
(1) The person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder.
(2) All other less-restrictive options to address the risk have been attempted and exhausted.
(3) The performance of solitary confinement is done in accordance with the following guidelines:
(A) The person may be held in solitary confinement only for the minimum time required to address the risk, and for a period of time that does not compromise the mental and physical health of the minor or ward, but not to exceed four hours. After the person is held in solitary confinement, the person shall be returned to regular programming or placed in individualized programming that does not involve solitary confinement. If a person who is released from solitary confinement and is returned to regular or individualized programming poses an immediate and substantial risk of harm to himself or herself, or to others, he or she may be placed back into solitary confinement only in accordance with the protections and requirements of this section, and that confinement shall be treated as a new and separate use of solitary confinement for the purposes of subdivisions (c), (d), and (e).
(B) If a person in solitary confinement poses a risk of harm to himself or herself that is not a result of a mental disorder, the condition of the person shall be monitored closely by custody staff of the juvenile facility.
(C) The use of consecutive periods of solitary confinement in excess of four hours shall be prohibited.
(d) Solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff.
(e) For each incident when solitary confinement is used, each local and state juvenile facility shall document the usage of solitary confinement, including all of the following:
(1) The name, age, gender, and race of the person subject to solitary confinement.
(2) The date and time the person was placed in solitary confinement.
(3) The date and time the person was released from solitary confinement.
(4) The name and position of person authorizing the placement of the person in solitary confinement.
(5) The names of staff involved in the incident leading to the use of solitary confinement.
(6) A description of circumstances leading to use of solitary confinement.
(7) A description of alternative actions and sanctions attempted and found unsuccessful.
(8) The dates and times when staff checked in on the person when he or she was in solitary confinement, and the person’s behavior during the check.
(f) The records described in subdivisions (e) and (h), excluding any identifying information, shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(g) If a state or local juvenile facility currently documents the usage of solitary confinement consistent with the requirements imposed under subdivision (e) and meets the requirements of subdivision (f), then duplicative documentation shall not be required.
(h) A person confined in a juvenile facility may request a voluntary time out for no longer than two
hours.
hours in a 24
-hour period.
During any voluntary time out, the person
shall
may
participate in all programming and meals. The person may end his or her voluntary time out at any point upon notifying a staff member. Voluntary time outs shall be documented and include the name of the person requesting the time out, his or her signature, when the voluntary time out began, and when it ended.
(i) This section is not intended to limit the use of single-person rooms or cells for the housing of persons in juvenile facilities.
(j) This section does not apply to minors or wards in court holding facilities or adult facilities.
(k) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards.
SEC. 2.
Section 225 of the Welfare and Institutions Code is amended to read:
225.
(a) In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve until his or her term of appointment as a member of the probation committee would have expired under any prior law. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill the vacancy shall hold office for the unexpired term of his or her predecessor.
(b) Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members in any county that has a commission with a membership of less than 15 members.
(c) In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, that county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number permitted by this section.
SEC. 3.
Section 226 of the Welfare and Institutions Code is amended to read:
226.
In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than 10 citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and the members shall hold office for a term of four years. Of those first appointed, however, if the number of members appointed is an even number, one-half shall serve for a term of two years and one-half shall serve for a term of four years. If the number of members first appointed is an odd number, the greater number nearest one-half shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county that originally appointed the vacating or retiring member. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor.
SEC. 4.
Section 229 of the Welfare and Institutions Code is amended to read:
229.
(a) It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect those institutions at least once a year, and may hold public hearings. A judge of the juvenile court may issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission.
(b) A juvenile justice commission shall annually inspect any jail, lockup, or facility within the county that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As a part of the annual inspection, a juvenile justice commission shall review the records of the jail, lockup, or facility relating to the use of solitary confinement, as defined in paragraph (3) of subdivision (a) of Section 208.3. The commission shall report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and to the Board of State and Community Corrections. The report shall be presented annually as part of a regularly scheduled public meeting of the county board of supervisors, and may be published on the county government’s Internet Web site.
SEC. 5.
Section 230 of the Welfare and Institutions Code is amended to read:
230.
A juvenile justice commission may recommend to any person charged with the administration of any of the provisions of this chapter those changes it has concluded, after investigation, will be beneficial. A commission may publicize its recommendations on the county government’s Internet Web site or other publicly accessible medium.
SEC. 6.
The Legislature finds and declares that Section 1 of this act, which adds Section 208.3 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy and medical information of persons confined in secure state and local juvenile facilities and held in solitary confinement, it is necessary that identifying information about those persons be kept confidential.
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor who is dangerous to himself or herself or others, or gravely disabled, as defined. This bill would prohibit a person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, from being subject to solitary confinement. The bill would also prohibit a person, other than a person described above, who is detained in any secure state or local juvenile facility from being subject to solitary confinement unless certain conditions are satisfied, including that the person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. The bill would permit, if those conditions are satisfied, the person to be held in solitary confinement only in accordance with specified guidelines, including that the person be held in solitary confinement only for the minimum time required to address the risk, and that does not compromise the mental and physical health of the person, but no longer than 4 hours. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would authorize a person confined in a juvenile facility to request a voluntary time out, as defined, for no longer than 2 hours in a 24 -hour period and would require voluntary time outs to be documented. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. This bill would increase the membership of a regional juvenile justice commission to no less than 10 members. The bill would also require that 2 or more members of a juvenile justice commission or a regional juvenile justice commission be parents or guardians of previously incarcerated youth, and one member be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. This bill would instead require a juvenile justice commission to inspect any jail, lockup, or facility that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor and would require, as a part of that inspection, a review of the records of the jail, lockup, or facility relating to the use of solitary confinement. The bill would require the commission to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the Board of State and Community Corrections, and the county board of supervisors. The bill would require the commission to annually present its report at a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government’s Internet Web site or other publicly accessible medium. By increasing the duties of local commissions and county boards of supervisors, this bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Sections 225, 226, 229, and 230 of, and to add Section 208.3 to, the Welfare and Institutions Code, relating to juveniles.


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

SECTION 1.
The Legislature hereby finds and declares as follows:
(a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated.
(b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements.
(c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system.
SEC. 2.
Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read:
CHAPTER  6.6. Water and Wastewater Loan and Grant Program
13486.
(a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes:
(1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing.
(2) Paying reasonable charges or fees for connecting to a water or wastewater system.
(3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law.
(4) Deepening an existing groundwater well.
(5) Improving an existing groundwater well, including associated equipment.
(6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code.
(b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
13487.
(a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter.
(b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund:
(1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments.
(2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund.
13488.
(a) An eligible applicant for a loan shall meet all of the following criteria:
(1) Have a household income below the statewide median household income.
(2) Have an ownership interest in the residence.
(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements.
(4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner.
(b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence.
(c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism.
13489.
(a) An eligible applicant for a grant shall meet all of the following criteria:
(1) Have a household income that is 60 percent or less of the statewide median household income.
(2) Have an ownership interest in the residence.
(3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements.
(b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed.
(c) A grant recipient shall repay to the board any unused grant funds.
SEC. 3.
Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund.
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 provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately.
SECTION 1.
Section 21168.6.7 is added to the
Public Resources Code
, to read:
21168.6.7.
(a)For the purposes of this section “water project” means a project funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code).
(b)Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any approvals for a water project.
(c)On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings pursuant to subdivision (e).
(d)(1)   The draft and final environmental impact report for a water project shall include a notice in not less than 12-point type stating the following:
THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.
(2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section.
(3)Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report.
(4)Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report.
(5)(A)   Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.
(B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.
(C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation.
(D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.
(E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals.
(6)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:
(A)New issues raised in the response to comments by the lead agency.
(B)New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents.
(C)Changes made to the project after the close of the public comment period.
(D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report.
(E)New information that was not reasonably known and could not have been reasonably known during the public comment period.
(7)The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval.
(e)(1)   The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings.
(2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency.
(3)Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.
(4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt.
(5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(6)The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record.
(7)Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.
(8)Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court.
(9)Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.
(10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.
(f)(1)   (A)   In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water project unless the court finds either of the following:
(i)The continued construction or operation of the water project presents an imminent threat to the public health and safety.
(ii)The water project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water project unless the court stays or enjoins the construction or operation of the water project.
(B)If the court finds that clause (i) or (ii) is satisfied, the court shall only enjoin those specific activities associated with the water project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
(2)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165).
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: Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. This bill would declare that it is to take effect immediately as an urgency statute. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. The Water Quality, Supply, and Infrastructure Improvement Act of 2014. approved by the voters on the November 2, 2014 statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. This bill would require the public agency, in certifying the environmental impact report and in granting approvals for projects funded, in whole or in part, by Proposition 1, including the concurrent preparation of the record of proceedings and the certification of the record of proceeding within 5 days of the filing of a specified notice, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. 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 Section 21168.6.7 to the Public Resources Code, relating to environmental quality.
An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 2196 of the Elections Code is amended to read:
2196.
(a) (1) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.
(2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.
(3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit.
(4) For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver’s license or state identification card.
(5) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from his or her driver’s license or state identification card directly from the Department of Motor Vehicles.
(6) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:
(A) The number from his or her California driver’s license or state identification card.
(B) His or her date of birth.
(C) The last four digits of his or her social security number.
(D) Any other information the Secretary of State deems necessary to establish the identity of the affiant.
(7) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:
(A) That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the Department of Motor Vehicles.
(B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.
(8) The Secretary of State shall
employ
use
security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section.
(b) The Department of Motor Vehicles shall
utilize
use
the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
(c) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.
(d) If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official.
(e) This chapter shall become operative upon the date that either of the following occurs:
(1) The Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(2) The Secretary of State executes a declaration stating that all of the following conditions have occurred:
(A) The United States Election Assistance Commission has approved the use of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301) funding to provide online voter registration in advance of the deployment of the statewide voter registration database or other federal funding is available and approved for the same purpose.
(B) The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a).
(C) All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section.
(f) For purposes of implementing this chapter as expeditiously as possible, if it becomes operative pursuant to paragraph (2) of subdivision (e), the Secretary of State’s office shall be exempt from information technology requirements included in Sections 11545, 11546, and 11547 of the Government Code and Section 12100 of the Public Contract Code, and from information technology project and funding approvals included in any other provision of law.

Summary: Under existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain conditions have occurred, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. This bill would make technical, nonsubstantive changes to those provisions.

An act to amend Section 2196 of the Elections Code, relating to elections.