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

SECTION 1.
Section 44258.6 is added to the Health and Safety Code, to read:
44258.6.
(a) On or before January 1, 2019, the state board shall develop and implement a comprehensive program to promote zero-emission and near-zero-emission vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative.
(b) (1) The program shall consist of a portfolio of incentives, including, but not limited to, the following:
(A) An employer incentive program, including, but not limited to, incentives targeted at companies located outside population centers or companies whose employees commute from a 50-mile radius.
(B) An incentive program targeted at low-income individuals for the purchase or leasing of zero-emission or near-zero-emission vehicles.
(C) Onroad incentives.
(2) Incentives may include grants, loans, revolving loans, or other appropriate measures.
(3) In implementing the program, the state board shall consult with the State Energy Resources Conservation and Development Commission to identify opportunities for coordination with investment in zero-emission and near-zero-emission vehicle infrastructure pursuant to Section 44272.
(c) Moneys in the Greenhouse Gas Reduction Fund, the Air Quality Improvement Fund, or the Alternative and Renewable Fuel and Vehicle Technology Fund shall be made available, upon appropriation by the Legislature, for the program.
(d) The state board, in accordance with Section 9795 of the Government Code, shall submit an annual report to the Legislature regarding the efficacy of the program.
SEC. 2.
Section 6012.4 is added to the Revenue and Taxation Code, to read:
6012.4.
(a) On or after January 1, 2017, for purposes of this part, “gross receipts” and “sales price” do not include that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser that does not exceed forty thousand dollars ($40,000).
(b) For purposes of this section:
(1) “Low-income purchaser” means an individual or individuals whose household income does not exceed 80% of the median income of the county in which they reside as determined by the United States Department of Housing and Urban Development.
(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals.
(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board.
(c) Notwithstanding any provision of the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
SEC. 3.
Section 17060.3 is added to the Revenue and Taxation Code, to read:
17060.3.
(a) For each taxable year beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to two thousand five hundred dollars ($2,500).
(b) For the purposes of this section:
(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code and who purchased a near-zero or zero-emission vehicle during the taxable year.
(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals.
(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board.
(c) (1) Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding six years if necessary, until the credit is exhausted.
(2) It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carry forward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature.
(d) A qualified taxpayer shall make an irrevocable election to claim the credit allowed by this section in lieu of the deduction allowed by Section 17206.3.
(e) This section shall remain in effect only until December 1, 2026, and as of that date is repealed.
SEC. 4.
Section 17072 of the Revenue and Taxation Code is amended to read:
17072.
(a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided.
(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply.
(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply.
(d) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17206.3 shall be allowed in determining adjusted gross income.
SEC. 5.
Section 17206.3 is added to the Revenue and Taxation Code, to read:
17206.3.
(a) For taxable years beginning on or after January 1, 2017, and before January 1, 2026, there shall be allowed as a deduction of two thousand five hundred dollars ($2,500) to a qualified taxpayer who, during the taxable year, purchased a near-zero or zero-emission vehicle.
(b) For the purposes of this section:
(1) “Qualified taxpayer” means an individual or individuals who meet the income eligibility requirements specified by the State Air Resources Board pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 44258.4 of the Health and Safety Code.
(2) “Near-zero-emission vehicle” means a vehicle that utilizes zero-emission technologies, enables technologies that provide a pathway to zero-emissions operations, or incorporates other technologies that significantly reduce criteria pollutants, toxic air contaminants, and greenhouse gas emissions, as defined by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission consistent with meeting the state’s mid- and long-term air quality standards and climate goals.
(3) “Zero-emission vehicle” means a vehicle that produces no emissions of criteria pollutants, toxic air contaminants, and greenhouse gases when stationary or operating, as determined by the State Air Resources Board.
(c) A qualified taxpayer shall make an irrevocable election to claim the deduction allowed by this section in lieu of the credit allowed by Section 17060.3.
(d) This section shall remain in effect only until December 1, 2026, and as of that date is repealed.
SEC. 6.
(a) In accordance with Section 41 of the Revenue and Taxation Code, on or before January 1, 2018, and each January 1 thereafter until January 1, 2027, the Franchise Tax Board, in consultation with the State Board of Equalization, shall annually prepare a written report to the Legislature regarding the efficacy of Sections 6012.4, 17060.3, and 17206.3 of the Revenue and Taxation Code, as added by Sections 2, 3, and 5 of this act.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.
The Legislature finds and declares all of the following:
(a)Advanced-technology light-duty vehicles are currently more expensive than equivalent conventional models. Despite a federal tax credit and the state’s vehicle incentive, the higher initial costs for zero-emission vehicles remain a barrier for many of the state’s consumers.
(b)Some advanced-technology light-duty vehicles require new infrastructure to enable convenient and cost-effective fueling, which can be a barrier to vehicle sales. This can include fueling infrastructure in homes, workplaces, and public spaces.
(c)Market penetration is slowed due to a lack of information for consumers on the benefits and availability of vehicles and the incentives available when they are ready to purchase or lease a vehicle.
(d)While the state has taken a leadership role to develop programs to assist the deployment of plug-in electric vehicles and fuel-cell electric vehicles in disadvantaged communities, any long-term plan designed by the state needs to address new and used car sales in disadvantaged communities.
SEC. 2.
Chapter 8.8 (commencing with Section 44269) is added to Part 5 of Division 26 of the
Health and Safety Code
, to read:
8.8.
Advanced-Technology Light-Duty Vehicles
44269.
(a)On or before January 1, 2019, the state board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, shall develop and implement a comprehensive program to promote advanced-technology light-duty vehicle deployment in the state to drastically increase the use of those vehicles and to meet the goals established by the Governor and the Legislature, including, but not limited to, the ZEV Action Plan by the Governor’s Interagency Working Group on Zero-Emission Vehicles and the Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258)).
(b)The program established pursuant to this chapter shall include all of the following:
(1)Long-term market signals.
(2)Sustainable funding mechanisms.
(3)A portfolio of approaches.
(4)Support for low-income deployment in disadvantaged communities, as identified in Section 39711.
(c)The program established pursuant to this chapter may include, but need not be limited to, any of the following:
(1)On-road incentives.
(2)Point-of-sale incentives.
(3)Consumer tax incentives.
(4)In-home and parking infrastructure incentives.

Summary: Existing Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Pursuant to the Air Quality Improvement Program, the state board has established the Clean Vehicle Rebate Project to promote the production and use of zero-emission vehicles and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets to purchase hybrid and zero-emission trucks and buses. vehicles. The Charge Ahead California Initiative, administered by the state board, includes goals of, among other things, placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by January 1, 2023, and increasing access for disadvantaged, low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission vehicles. This bill would require, on or before January 1, 2019, the state board, in coordination with the State Energy Resources Conservation and Development Commission and the Department of Transportation, board to develop and implement a comprehensive program comprised of a portfolio of incentives to promote advanced-technology light-duty zero-emission and near-zero-emission vehicle deployment in the state to drastically increase the use of those vehicles and to meet specified goals established by the Governor and the Legislature. The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption of tangible personal property purchased from a retailer for the storage, use, or other consumption in this state measured by sales price. That law defines the terms “gross receipts” and “sales price.” This bill, on and after January 1, 2017, would exclude from “gross receipts” and “sales price” that portion of the cost of a new or used near-zero or zero-emission vehicle purchased by a low-income purchaser, as defined, that does not exceed $40,000. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes generally in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, allow a credit under the Personal Income Tax Law in an amount equal to $2,500 to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature. The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2026, would allow a deduction of $2,500 in computing adjusted gross income to a qualified taxpayer, as defined, who purchased a near-zero or zero-emission vehicle during the taxable year, as provided. This bill would require a qualified taxpayer to make an irrevocable election to either claim the above-described deduction or credit for the taxable year. This bill would require the Franchise Tax Board to make an annual report to the Legislature regarding the tax provisions allowed by the bill.

An act to add
Chapter 8.8 (commencing with Section 44269) to Part 5 of Division 26 of the Health and Safety Code,
Section 44258.6 to the Health and Safety Code, and to amend Section 17072 of, to add Section 6012.4 to, and to add and repeal Sections 17060.3 and 17206.3 of, the Revenue and Taxation Code,
relating to vehicular air pollution.


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

SECTION 1.
Section 1686 is added to the Vehicle Code, to read:
1686.
(a) In order to continue to improve the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for driver’s license renewals pursuant to Section 12800.
(b) (1) The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section:
(A) A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes.
(B) A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.
(C) A second-line business partner is a partner that receives information from a first-line service provider.
(2) The private industry partner contractual agreements shall include the following minimum requirements:
(A) Filing of an application and payment of an application fee, as established by the department.
(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary.
(C) Posting a bond in an amount consistent with Section 1815.
(3) A private industry partner’s contractual agreements shall be met for purposes of this section if the private industry partner satisfies the contractual agreements required in Section 1685.
(4) The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.
(c) The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).
(d) The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c).
(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.
(f) The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect the department’s customers from the improper use of information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners.
(g) Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:
(1) Listing of all qualified private industry partners, including names and business addresses.
(2) Volume of transactions, by type, completed by business partners.
(3) Total amount of funds, by transaction type, collected by business partners.
(4) Total amount of funds received by the department.
(5) Description of any fraudulent activities identified by the department.
(6) Evaluation of the benefits of the program.
(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.
(h) A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code.
(i) This section does not impair or limit the authority provided in Section 12155 of the Insurance Code.
SECTION 1.
Section 1685 of the
Vehicle Code
is amended to read:
1685.
(a)In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for all of the following:
(1)Vehicle registration and titling transactions.
(2)Driver’s license renewals.
(3)Eyesight and hearing tests.
(4)Fingerprinting services.
(5)Photography services.
(b)(1)The department may enter into contractual agreements with qualified private industry partners to provide the services authorized under subdivision (a). The following three types of private industry partnerships are authorized under this section:
(A)A first-line business partner is an industry partner that receives data directly from the department and uses it to complete an activity authorized in subdivision (a), for that partner’s own business purposes.
(B)A first-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.
(C)A second-line business partner is a partner that receives information from a first-line service provider.
(2)The private industry partner contractual agreements shall include the following minimum requirements:
(A)Filing of an application and payment of an application fee, as established by the department.
(B)Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant’s character, honesty, integrity, and reputation as the department may consider necessary.
(C)Posting a bond in an amount consistent with Section 1815.
(3)The department, by regulation, shall establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.
(c)The director, through the adoption of regulations, may establish the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).
(d)The department shall charge a three-dollar ($3) transaction fee for each category of information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer for any category of information and services may not exceed the amount established by the director under subdivision (c).
(e)All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.
(f)The department shall adopt or revise regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners and other department customers from the improper use of vehicle records or other information provided to the qualified industry partner pursuant to this section. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department’s files and databases; and the duration and nature of the contracts with qualified private industry partners.
(g)Notwithstanding Section 10231.5 of the Government Code, by October 1 of each year, the department shall provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:
(1)Listing of all qualified private industry partners, including names and business addresses.
(2)Volume of transactions, by type, completed by business partners.
(3)Total amount of funds, by transaction type, collected by business partners.
(4)Total amount of funds received by the department.
(5)Description of any fraudulent activities identified by the department.
(6)Evaluation of the benefits of the program.
(7)Recommendations for any administrative or statutory changes that may be needed to improve the program.
(h)A report submitted under subdivision (g) shall be submitted pursuant to Section 9795 of the Government Code.
(i)This section does not impair or limit the authority provided in Section 4610 or Section 12155 of the Insurance Code.

Summary: Existing law authorizes the Department of Motor Vehicles, in conformance with certain provisions in existing law relating to personal services contracts with private parties, to establish contracts for electronic programs that allow qualified private industry partners to join the department to provide title and vehicle registration transactions. Existing law authorizes the department to enter into contractual agreements with 3 specified types of private industry partners for this purpose, and to charge a transaction fee for the information and services provided. This bill would expand the services for which the department would be authorized to establish contracts with private industry partners as described above, to include processing and payment programs for driver’s license renewals, eyesight and hearing tests, and fingerprinting and photography services. The bill would make other technical and conforming changes. renewals, as specified.

An act to
amend Section 1685 of
add Section 1686 to
the Vehicle Code, relating to the Department of Motor Vehicles.


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

SECTION 1.
Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code, to read:
CHAPTER  10.5. Lower American River Conservancy Program
5845.
This chapter shall be known, and may be cited, as the Lower American River Conservancy Program Act.
5845.1.
(a) The Legislature finds and declares all of the following:
(1) The Lower American River is one of California’s most important natural environments, providing recreational, environmental, and educational opportunities to more than 8,000,000 visitors each year. It also serves as a unique urban greenbelt composed of more than 5,000 acres and lying immediately next to and within two incorporated cities and the unincorporated County of Sacramento.
(2) The American River Parkway includes natural and recreational resources of statewide interest and is often referred to as “the jewel” of the Sacramento region, and it is managed as such with an intent to fulfill the vision set forth through past collaborative efforts involving advocates and stakeholders, the County of Sacramento, state agencies, and the Legislature.
(3) The American River Parkway was established by the County of Sacramento, with financial support from the state and other public and private entities.
(4) Since establishing the American River Parkway in 1959, the County of Sacramento has and will continue to update, maintain, and determine consistency with the American River Parkway Plan and to serve as the Parkway Manager to own, manage, operate, and patrol the lands and resources within the American River Parkway.
(5) The American River Parkway provides additional benefits to the state and the Sacramento region including flood control, water supply, water quality, habitat for anadromous fisheries, including salmon and steelhead, habitat for migratory waterfowl, habitat for sensitive species, including Swainson’s hawks, peregrine falcons, northern harriers, white-tailed kites, and western pond turtles, and habitat for other wildlife, including river otters.
(6) The Legislature recognized the statewide importance of the American River Parkway in enacting the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840)), which culminated with the adoption of the American River Parkway Plan and the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830)).
(7) The statewide and national importance of the Lower American River Parkway was further recognized when it was designated as part of the California Wild and Scenic Rivers System and the National Wild and Scenic Rivers System. The American River Parkway Plan acts as the management plan for the lower American River under the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with Section 5093.50)), providing management guidance and direction for state departments and agencies, as well as local governments, in carrying out their responsibilities under that act.
(8) The state has an interest in working with local agencies to expand, enhance, and restore the natural, recreational, cultural, and educational resources in and adjacent to the American River Parkway.
(9) The establishment of the Lower American River Conservancy Program will provide a state partner to work cooperatively with local agencies, particularly the County of Sacramento in its role as the Parkway Manager, and nonprofit organizations to help fund projects and provide grants to restore, enhance, interpret, protect, and improve public access to the American River Parkway’s natural, recreational, educational, and cultural resources.
(b) It is the intent of the Legislature that the Lower American River Conservancy Program be a continuation of the state’s historic role in providing funding to advance the protection and restoration of the natural resources of the Lower American River while continuing the County of Sacramento’s historic role in managing the lands and public uses of the American River Parkway.
5845.2.
For purposes of this chapter, the following definitions apply:
(a) “Adjacent to” means downstream of the Nimbus Dam and next to or in the immediate vicinity of the American River Parkway.
(b) “Advisory committee” means the advisory committee established pursuant to Section 5845.4.
(c) “American River Parkway” means those portions of the area described in the American River Parkway Plan between the Nimbus Dam and the confluence of the American River with the Sacramento River.
(d) “American River Parkway Plan” has the same meaning as in subdivision (a) of Section 5841.
(e) “Board” means the Wildlife Conservation Board established pursuant to Section 1320 of the Fish and Game Code.
(f) “Fund” means the Lower American River Conservancy Fund established pursuant to Section 5845.9.
(g) “Nonprofit organization” means a private, nonprofit organization, with nonprofit status acknowledged by the United States Internal Revenue Service, that qualifies under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation, restoration, or interpretation of land for scientific, historic, educational, recreational, scenic, or open-space purposes, the protection of the natural environment or biological resources, or both, or the preservation or enhancement of wildlife, or both.
(h) “Parkway Manager” means the Sacramento County Board of Supervisors or its designee.
(i) “Program” means the Lower American River Conservancy Program established pursuant to Section 5845.3.
5845.3.
(a) The board shall implement and administer the Lower American River Conservancy Program, which is hereby created to receive and expend proceeds from bonds or other appropriations made in the annual Budget Act or other statutes for the benefit of the American River Parkway and related lands.
(b) In administering the program, the board shall prioritize expending moneys to develop and implement a natural resource management plan and to improve access to, and protection and restoration of, the American River Parkway.
5845.4.
(a) The board shall establish an advisory committee consisting of the following members:
(1) Three members of the Board of Supervisors of the County of Sacramento, selected by a majority vote of the board of supervisors, or their designees.
(2) Two representatives of the City of Sacramento, which may include the Mayor and one member of the City Council of the City of Sacramento, or two members of the city council, selected by a majority vote of the city council, or their designees.
(3) The Mayor or a member of the City Council of the City of Rancho Cordova, selected by a majority vote of the city council, or his or her designee.
(4) Representatives from the Natural Resources Agency, the Department of Finance, and the State Lands Commission.
(5) Three members from the public at large who have a demonstrated knowledge of and expertise in the American River Parkway and the American River Parkway Plan. One member shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
(b) A person shall not continue as a member of the advisory committee if that person ceases to hold the office that qualifies that person for membership. In that event, the person’s membership on the advisory committee shall automatically terminate.
(c) Members of the advisory committee shall serve without compensation.
(d) The advisory committee shall meet at least twice each calendar year at one or more locations in the County of Sacramento.
(e) Meetings of the advisory committee shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
5845.5.
In implementing the program, the board shall do all of the following:
(a) Coordinate its activities with the County of Sacramento, each city that includes a portion of the American River Parkway, appropriate local and regional flood control districts, and relevant state agencies.
(b) Prior to approving funding for any project, do both of the following:
(1) Consult with the County of Sacramento as to whether the board’s proposed actions pursuant to this chapter are consistent with the American River Parkway Plan.
(2) Draft a staff report that includes all findings, written comments, and reports submitted by the County of Sacramento and the Parkway Manager as to whether the board’s actions are consistent with the American River Parkway Plan.
(c) Administer any moneys appropriated to the board for the program or any revenues generated by the board pursuant to the program.
(d) Provide funding and assistance to the County of Sacramento for the development, update, adoption, and implementation of a natural resource management plan for the American River Parkway, and grants to other local agencies and nonprofit organizations whose projects are approved by the County of Sacramento for implementation of that plan.
(e) Prior to providing funding for any acquisition project within the American River Parkway, require and ensure that title to the lands to be acquired shall be held by the County of Sacramento or another local public entity willing to hold title to those lands.
5845.6.
Consistent with the American River Parkway Plan, the board, in administering the program, may do any of the following:
(a) Provide grants to local public agencies and nonprofit organizations to be used for one or more of the following purposes:
(1) The acquisition, restoration, enhancement, and maintenance of fish and wildlife habitat and other natural resources, including resources impacted by wildfire, within and adjacent to the American River Parkway. Any land acquisition funded pursuant to this paragraph shall be subject to subdivision (e) of Section 5845.5.
(2) The improvement and expansion of public access, recreational areas, and recreational facilities, including trails.
(3) The enhancement of interpretive and educational facilities related to the American River Parkway and its natural, cultural, and historic resources.
(4) The control and removal of invasive species and the propagation of native species.
(b) Improve and enhance lands within and adjacent to the American River Parkway. Projects funded on adjacent lands shall contribute to the advancement of American River Parkway values.
(c) Design, implement, and provide grants to local agencies and nonprofit organizations for stormwater capture and treatment projects to improve the quality of water that flows within and into the American River Parkway and to increase habitat for fish and wildlife. Stormwater projects may include lands within and adjacent to the American River Parkway and its tributaries downstream of the Nimbus Dam and within Sacramento County.
(d) Solicit grants, donations of in-kind services, and other contributions from federal, state, and private sources for the purposes of this chapter.
5845.7.
In administering the program, the board shall not do any of the following:
(a) Fund or implement projects on lands without the written consent of the landowner.
(b) Manage, regulate, or control the use of any land owned or leased by another public agency or private party, except as provided pursuant to a written agreement between that public agency or private party.
(c) Levy any tax or special assessment.
(d) Provide grants or take other actions that are inconsistent with the American River Parkway Plan, the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5), or the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5).
(e) Own or acquire land.
5845.8.
To the extent feasible, in administering the program, the board shall give preference to projects that utilize the services of the California Conservation Corps or Community Conservation Corps, as defined in Section 14507.5.
5845.9.
(a) The Lower American River Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation, for the purposes of this chapter. Moneys received by the board pursuant to this chapter shall be deposited in the fund, unless otherwise provided by the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The board shall administer the moneys appropriated to it for the program and may expend those moneys for capital improvements, land acquisition, support for the program’s operations, and other purposes consistent with this chapter.
(b) (1) The board may accept money, grants, goods, or services contributed to it by a public agency or a private entity or person. Moneys received pursuant to this paragraph shall be deposited in the Donation Account, which is hereby established in the fund.
(2) Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated, without regard to fiscal year, to the board for the purposes of this chapter.
(3) Upon receipt of goods and services pursuant to paragraph (1), the board may use those goods and services for the purposes of this chapter.
5845.10.
This chapter does not supersede or diminish the existing authority of any of the following:
(a) The County of Sacramento or any other entity responsible for the management, operation, maintenance, or protection of lands and resources within the American River Parkway.
(b) The Sacramento County Board of Supervisors acting as the Parkway Manager pursuant to its authority to interpret and implement the American River Parkway Plan.
(c) The board pursuant to other law.

Summary: The Urban American River Parkway Preservation Act adopts the American River Parkway Plan to provide coordination among governmental agencies in the protection and management of the natural land, water, native wildlife, and vegetation of the American River Parkway and requires actions of state and local agencies with regard to land use decisions be consistent with the plan, as provided. Existing law establishes the Wildlife Conservation Board within the Department of Fish and Wildlife and requires the board to investigate, study, and determine areas in the state that are most suitable for certain wildlife-related purposes. This bill would require the board to implement and administer the Lower American River Conservancy Program to receive and expend moneys for the benefit of the Lower American River and related lands by, among other things, providing grants to local public agencies and nonprofit organizations for projects benefiting the Lower American River. The bill would require the board to establish an advisory committee, as specified. The bill would establish the Lower American River Conservancy Program Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, for purposes of the program. The bill would authorize the board to accept moneys, grants, goods or services contributed to it by public agencies, or private entities or persons and would require those moneys be deposited in the Donation Account, which the bill would establish in the fund. The bill would continuously appropriate the moneys in the account to the board for purposes of the program, thereby making an appropriation. The bill would authorize the board to use goods and services contributed by public agencies or private entities or persons.

An act to add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code, relating to the Lower American River, and making an appropriation therefor.


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

SECTION 1.
Section 368 of the Penal Code is amended to read:
368.
(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.
(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:
(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).
(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).
(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:
(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment
pursuant to subdivision (h) of Section 1170
in the state prison
for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).
(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).
(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(g) As used in this section, “elder” means any person who is 65 years of age or older.
(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.
(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

Summary: Existing law makes it a crime for a person who is not a caretaker any person to violate specified laws proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or identifying information of an elder or dependent adult, knowing that he or she is an elder or dependent adult. Existing law makes a violation of that provision those provisions punishable as a misdemeanor or a felony in county jail, as prescribed, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. This bill would instead make a violation of that provision those provisions punishable as a misdemeanor in county jail or as a felony in state prison, as prescribed.

An act to amend Section 368 of the Penal Code, relating to elder abuse.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) To remain economically competitive, California will need to produce 11,900,000 degrees and credentials by 2025, but the state is only estimated to produce 9,500,000, which would create a degree and credential attainment gap of 2,400,000 by 2025.
(2) California’s community colleges have strong transfer preparation and career technical education missions and are well positioned to close this impending gap.
(3) Overall, only 32 percent of students at California colleges complete credentials on time, and low-income students are much less likely than higher income students to enroll in or complete college.
(4) A major factor in a student’s enrollment and success in college is his or her ability to pay for fees and tuition, textbooks, transportation, housing, food, and other access costs.
(5) California has made an important investment in need-based financial aid for California’s college students through the Cal Grant Program and the BOG Fee Waiver Program of the Board of Governors of the California Community Colleges.
(6) The Cal Grant Program awards more than two billion dollars ($2,000,000,000) annually, and it is the largest state grant program in the nation in terms of dollars awarded to students. The BOG Fee Waiver Program is more extensive than any other “free community college” plan in the nation, and it provides almost one-half of all students of the California Community Colleges, and more than 60 percent of full-time students of the California Community Colleges, with free tuition.
(7) Despite California’s strong commitment to financial aid, access grants for qualifying students are insufficient to cover nontuition college costs, and many low-income students are left out of the program entirely.
(8) Students at California’s community colleges are disproportionately more likely to be the first in their family to attend college, come from an immigrant background, or be financially needy.
(9) After taking into account the total cost of attendance and all federal, state, and institutional financial aid available for students, on average it is more expensive for a needy student to go to a California community college than to attend the University of California or the California State University.
(10) The affordability challenge faced by California’s community college students stems from nontuition costs, and the solution to that challenge is to increase grant aid that covers nontuition costs.
(11) The 1960 California Master Plan for Higher Education in California guarantees an affordable, high-quality education to every Californian who can benefit.
(b) It is the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community
college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program.
colleges.
(c) It is the intent of the Legislature that California community colleges provide outreach and education to students to inform them of the expanded availability of financial aid
for students enrolled in career technical education programs
and to encourage
these
students to complete the Free Application for Federal Student Aid by the September 2 deadline.
SEC. 2.
Section 69437 of the Education Code is amended to read:
69437.
(a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission.
(b)  Commencing with the 2016–17 academic year, a total of up to 34,000 Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c).
(1) Fifteen thousand of the awards referenced in this subdivision are available to all students, including California community college students, who meet the financial need and academic requirements established pursuant to this article. A student enrolling at a qualifying baccalaureate degree granting institution shall apply by the March 2 deadline. A California community college student is eligible to apply at the March 2 or the September 2 deadline.
(2) Nineteen thousand of the awards referenced in this subdivision are reserved for students who will be enrolled at a California community college. The commission shall establish a second application deadline of September 2 for community college students to apply for these awards.
Notwithstanding paragraph (1) of subdivision (a) of Section 69435, effective with the fall term or semester of the 2017–18 academic year, students enrolled in occupational or technical training courses leading to industry valued credentials of no less than four months in length at a California community college shall be eligible for Cal Grant B awards issued under this paragraph.
(3) If any awards are not distributed pursuant to paragraphs (1) and (2) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding an annual cumulative total of 34,000 awards.
(c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs.
(2) Additional consideration shall be given to both of the following:
(A) Students pursuing Cal Grant B awards who reestablish their grade point averages.
(B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436).
(d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article.
SEC. 3.
Section 69439 of the
Education Code
is amended to read:
69439.
(a)For the purposes of this section, the following terms have the following meanings:
(1)“Career pathway” has the same meaning as set forth in Section 88620.
(2)“Economic security” has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code.
(3)“Industry cluster” has the same meaning as set forth in Section 88620.
(4)“Long-term unemployed” means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of his or her application.
(5)“Occupational or technical training” means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission.
(b)A Cal Grant C award shall be utilized only for occupational or technical training in a course of not less than four months. There shall be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act.
(c)The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following:
(1)Family income and household size.
(2)Student’s or the students’ parent’s household status, including whether the student is a single parent or child of a single parent.
(3)The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed.
(d)The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipient’s renewal. In no case shall the grants exceed two calendar years.
(e)Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund his or her course of study and costs of attendance as well as other state and federal programs available to the applicant.
(f)(1)To ensure alignment with the state’s dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, shall identify areas of occupational and technical training for which students may utilize Cal Grant C awards. The commission, to the extent feasible, shall also consult with representatives of the state’s leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized.
(2)(A)Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated at least every five years, beginning in 2012.
(B)By January 1, 2016, the commission shall update the priority areas of occupational and technical training.
(3)(A)The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality:
(i)High employer need or demand for the specific skills offered in the program.
(ii)High employment growth in the occupational field or industry cluster for which the student is being trained.
(iii)High employment salary and wage projections for workers employed in the occupations for which they are being trained.
(iv)The occupation or training program is part of a well-articulated career pathway to a job providing economic security.
(B)To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph.
(g)The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges, and the California Workforce Investment Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Department’s Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the Office of the Chancellor of the California Community Colleges and the California Workforce Investment Board, as well as the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its Internet Web site a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary.
(h)Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 2014–15 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data.
(i)(1)The commission shall consult with the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to California’s long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).
(2)The commission shall consult with the Workforce Services Branch of the Employment Development Department, the Office of the Chancellor of the California Community Colleges, the California Workforce Investment Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220).
(j)(1)Notwithstanding Section 10231.5 of the Government Code, the Legislative Analyst’s Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2015, and on or before April 1 of each odd-numbered year thereafter. This report shall include, but not necessarily be limited to, information on all of the following:
(A)The age, gender, and segment of attendance for recipients in two prior award years.
(B)The occupational and technical training program categories prioritized.
(C)The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f).
(D)The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs.
(2)For the report due on or before April 1, 2015, the Legislative Analyst’s Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f).
(3)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

Summary: The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions, as defined. This bill would express the intent of the Legislature to renew California’s commitment to college affordability by increasing the aid available to needy students, and, specifically, broadening access to financial aid to students enrolled in California community college career technical education programs leading to industry valued credentials, through expanding the Cal Grant Program. colleges. Under existing law, no more than a total of 25,750 Competitive Cal Grant A and B awards may be granted annually. This bill, commencing with the 2016–17 academic year, would raise that limit to 34,000. The bill would, effective with the fall term or semester of the 2017–18 academic year, make students enrolled in occupational or technical training courses leading to industry valued credentials of no less than 4 months in length at a California community college eligible for Cal Grant B awards under an existing allocation reserved for community college students, notwithstanding an existing requirement that limits Cal Grant B awards to for-credit instructional programs that are not less than one academic year in length. Existing law requires a Cal Grant C award to be utilized only for occupational or technical training in a course of not less than 4 months. Existing law requires that there be the same number of Cal Grant C awards each year as were made in the 2000–01 fiscal year. This bill instead would require that there be the same number of Cal Grant C awards each year as were paid in the 2015–16 fiscal year.

An act to amend
Sections 69437 and 69439
Section 69437
of the Education Code, relating to student financial aid.


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

SECTION 1.
This act shall be known, and may be cited, as the Identity Theft Resolution Act.
SEC. 2.
Section 1785.16.2 of the Civil Code is amended to read:
1785.16.2.
(a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in Section 1798.2, and with respect to that debt, the creditor has received notice pursuant to subdivision (k) of Section 1785.16 or paragraph (2) of subdivision (g) of Section 1788.18.
(b) Subdivision (a) does not apply to a creditor’s sale of a debt to a subsidiary or affiliate of the creditor, if, with respect to that debt, the subsidiary or affiliate does not take any action to collect the debt.
(c) For the purposes of this section, the requirement in 15 U.S.C. Sec. 1692a, that a person must use an instrumentality of interstate commerce or the mails in the collection of any debt to be considered a debt collector, does not apply.
SEC. 3.
Section 1788.18 of the Civil Code is amended to read:
1788.18.
(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in subdivision (d):
(1) A copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime, including, but not limited to, a violation of Section 530.5 of the Penal Code, for the specific debt being collected by the debt collector.
(2) The debtor’s written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the debt collector.
(b) The written statement described in paragraph (2) of subdivision (a) shall consist of any of the following:
(1) A Federal Trade Commission’s Affidavit of Identity Theft.
(2) A written statement that contains the content of the Identity Theft Victim’s Fraudulent Account Information Request offered to the public by the California Office of Privacy Protection.
(3) A written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the person submitting the certification. A person submitting the certification who declares as true any material matter pursuant to this subdivision that he or she knows to be false is guilty of a misdemeanor. The statement shall contain or be accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation of identity theft with respect to the debt in question:
(A) A statement that the debtor is a victim of identity theft.
(B) A copy of the debtor’s driver’s license or identification card, as issued by the state.
(C) Any other identification document that supports the statement of identity theft.
(D) Specific facts supporting the claim of identity theft, if available.
(E) Any explanation showing that the debtor did not incur the debt.
(F) Any available correspondence disputing the debt after transaction information has been provided to the debtor.
(G) Documentation of the residence of the debtor at the time of the alleged debt. This may include copies of bills and statements, such as utility bills, tax statements, or other statements from businesses sent to the debtor, showing that the debtor lived at another residence at the time the debt was incurred.
(H) A telephone number for contacting the debtor concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement.
(I) To the extent the debtor has information concerning who may have incurred the debt, the identification of any person whom the debtor believes is responsible.
(J) An express statement that the debtor did not authorize the use of the debtor’s name or personal information for incurring the debt.
(K) The certification required pursuant to this paragraph shall be sufficient if it is in substantially the following form:
“I certify the representations made are true, correct, and
contain no material omissions of fact.
_____ (Date and Place) _____ _____ (Signature) _____ ”
(c) If a debtor notifies a debt collector orally that he or she is a victim of identity theft, the debt collector shall notify the debtor, orally or in writing, that the debtor’s claim must be in writing. If a debtor notifies a debt collector in writing that he or she is a victim of identity theft, but omits information required pursuant to subdivision (a) or, if applicable, the certification required pursuant to paragraph (3) of subdivision (b), if the debt collector does not cease collection activities, the debt collector shall provide written notice to the debtor of the additional information that is required, or the certification required pursuant to paragraph (3) of subdivision (b), as applicable, or send the debtor a copy of the Federal Trade Commission’s Affidavit of Identity Theft form.
(d) Within 10 business days of receiving the complete statement and information described in subdivision (a), the debt collector shall, if it furnished adverse information about the debtor to a consumer credit reporting agency, notify the consumer credit reporting agency that the account is disputed, and initiate a review considering all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor. The debt collector shall send notice of its determination to the debtor no later than 10 business days after concluding the review. The debt collector may recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. The debt collector’s determination shall be made in a manner consistent with the provisions of subsection (1) of Section 1692 of Title 15 of the United States Code, as incorporated by Section 1788.17 of this code. The debt collector shall notify the debtor in writing of that determination and the basis for that determination before proceeding with any further collection activities. The debt collector’s determination shall be based on all of the information provided by the debtor and other information available to the debt collector in its file or from the creditor.
(e) No inference or presumption that the debt is valid or invalid, or that the debtor is liable or not liable for the debt, shall arise if the debt collector decides after the review described in subdivision (d) to cease or recommence the debt collection activities. The exercise or nonexercise of rights under this section is not a waiver of any other right or defense of the debtor or debt collector.
(f) The statement and supporting documents that comply with subdivision (a) may also satisfy, to the extent those documents meet the requirements of, the notice requirement of paragraph (5) of subdivision (c) of Section 1798.93.
(g) A debt collector who ceases collection activities under this section and does not recommence those collection activities shall do all of the following:
(1) If the debt collector has furnished adverse information to a consumer credit reporting agency, notify the agency to delete that information no later than 10 business days after making its determination.
(2) Notify the creditor no later than 10 business days after making its determination that debt collection activities have been terminated based upon the debtor’s claim of identity theft.
(h) A debt collector who has possession of documents that the debtor is entitled to request from a creditor pursuant to Section 530.8 of the Penal Code is authorized to provide those documents to the debtor.
(i) Notwithstanding subdivision (h) of Section 1788.2, for the purposes of this section, “debtor” means a natural person, firm, association, organization, partnership, business trust, company, corporation, or limited liability company from which a debt collector seeks to collect a debt that is due and owing or alleged to be due and owing from the person or entity. The remedies provided by this title shall apply equally to violations of this section.

Summary: Existing law requires a debt collector that receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and a written statement in which the debtor claims to be the victim of identity theft to cease collection activities until completion of a review. Existing law requires the debt collector to review and consider all of the information provided by the debtor and other available information and authorizes the debt collector to recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. This bill, the Identity Theft Resolution Act, would require the debt collector, upon receipt of the police report and written statement described above, if it furnished adverse information about the debtor to a consumer credit reporting agency, to notify the consumer credit reporting agency that the account is disputed, and initiate a review, as specified, within 10 business days. The bill would require the debt collector to send notice of its determination to the debtor no later than 10 business days after concluding the review. The bill would require a debt collector that does not recommence collection activities under these provisions to notify the creditor, no later than 10 business days after making its determination, and if it furnished adverse information to a consumer credit reporting agency, to notify the agency to delete that information no later than 10 business days after making its determination. The bill would also prohibit a creditor from selling a consumer debt to a debt collector if the creditor has received notice that the debt collector has terminated debt collection activities, as described above.

An act to amend Sections 1785.16.2 and 1788.18 of the Civil Code, relating to debt collection.


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

SECTION 1.
(a) The Legislature finds and declares the following:
(1)
A new form of work has proliferated in which individuals work by the job through an electronic platform, such as the Internet or telephone. These individuals are hired through these hosting platforms to perform short-term work, usually of a day or less, for multiple customers.
(2)
These individuals are not treated by the hosting platforms as employees and do not receive the benefit of state labor protection laws such as minimum wage, unemployment insurance, and workers’ compensation. The platforms treat these individuals as independent contractors and even though they perform work for multiple clients, usually individual people, the individuals securing work through a hosting platform are normally prohibited from negotiating the terms of their services. Instead, the hosting platforms dictate the terms and take a considerable portion of the amount paid for services, even though the hosting platforms purport that they provide only a means of connecting workers with clients.
(3)
These are circumstances that inevitably lead to exploitation. The people who secure work through the hosting platforms may in fact be employees, but establishing their true status often requires lengthy and expensive litigation during the pendency of which they continue to have no protection.
(b)
The Legislature therefore finds and declares that the bargaining power between the hosting platforms and the people seeking work through them must be better balanced and creates in this act a process for these workers to get together and negotiate with the hosting platforms for the improvements they desire.
(c) The Legislature further finds and declares that, through these negotiations, these workers will be able to improve their conditions, including their income, to the benefit of the economy of this state and reduce pressure on public resources.
SECTION 1.
SEC. 2.
Chapter 4.8 (commencing with Section 1080) is added to Part 3 of Division 2 of the Labor Code, to read:
CHAPTER  4.8. Hosting Platforms
1080.
As used in this chapter:
(a) “Group activity” means to self-organize, to negotiate as a group with one or more hosting platforms, or to engage together in other activities for the purpose of group negotiations or other mutual aid or protection, which activity includes, but is not limited, to the following:
(1) Communicating with each other and with hosting platforms, customers, and the public through any medium, including, but not limited to, social media and other electronic modes of communication.
(2) Withholding or restricting the amount of work done through a hosting platform at any time and for any duration. This paragraph does not apply to an independent contractor who performs “supportive services,” as defined in Section 12300.1 of the Welfare and Institutions Code.
(3) Boycotting or critiquing a hosting platform’s business practices.
(4) Reporting to law enforcement authorities or making public practices of a hosting platform which an independent contractor reasonably believes violate local, state, or federal law and adversely affect either workers or clients, or both.
(b) “Hosting platform” is a facility for connecting people or entities seeking to hire people for work with people seeking to perform that work, using any medium of facilitation, including, but not limited to, a dispatch service, an Internet Web site, or other Internet-based site. “Hosting platform” does not include a service provider if that entity provides only listings of goods or services that are contracted directly between buyers and sellers without the involvement of the provider and receives no income related to the price of the transaction.
1081.
(a) An independent contractor who is not treated by a hosting platform as an employee and who does not employ his or her own employees shall have the right to engage in group activity with respect to one or more hosting platforms.
(b) Work by an independent contractor, including the use of equipment or goods supplied as part of the work performed by the independent contractor, is labor within the meaning of Section 16703 of the Business and Professions Code and group activity by independent contractors shall not be subject to any statutory or common law prohibition or limitation on combinations in restraint of trade, including, but not limited to, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code.
(c) Group activity is a “labor dispute” within the meaning of Section 527.3 of the Code of Civil Procedure and Section 1138.1, provided that a court may issue injunctive relief to remedy violations of this chapter pursuant to
Sections ____ and ____.
subdivisions (e) and (g).
(d) (1) A hosting platform shall meet at reasonable times and negotiate in good faith about allowed subjects for negotiation with any group of independent contractors constituting at least 10 of the independent contractors using the platform on an average of at least once per week. As used in this paragraph, “allowed subjects for negotiation” are pricing, division of revenue, priority for assignments or listings, advertising by independent contractors on the hosting platform, insurance, acceptance and termination of independent contractor participation on the hosting platform, acceptance or refusal of services by independent contractors or customers, and responsibility for nonpayment by customers.
(2) An individual or organization that represents independent contractors in negotiations with a hosting platform regarding the allowed subjects of negotiation pursuant to this section shall not be funded directly or indirectly by a hosting platform.
(3) Participation in the group shall be evidenced by an electronic communication from an independent contractor using the same address the independent contractor uses to communicate with the hosting platform, or a physical document signed by the independent contractor, sent to either the hosting platform or to one or more other members of the group accepting participation in the group and agreeing to be bound contractually by the outcome of any negotiations between the group and the hosting platform. An independent contractor shall not be bound by the outcome of any negotiations between a group and a hosting platform unless the independent contractor has given that authorization.
(4) At the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with paragraph (1), between the hosting platform and a member of that group, shall incorporate any agreement reached in those negotiations.
(e) The State Mediation and Conciliation Service shall facilitate the performance of the obligation of a hosting platform under subdivision (d). The State Mediation and Conciliation Service shall provide meeting space for negotiations unless the hosting platform and the group make other arrangements that are mutually agreeable. The State Mediation and Conciliation Service shall provide mediation services at the request of either the hosting platform or the group. The State Mediation and Conciliation Service shall investigate any complaint by a group claiming a violation of subdivision (d), and, if it finds that there is probable cause to believe a violation has occurred, bring an action in the Superior Court of the State of California for the City and County of San Francisco for injunctive and other appropriate equitable relief to remedy the violation. The court shall award reasonable attorney’s fees and costs to the State Mediation and Conciliation Service if it prevails in any enforcement action.
(f) A person shall not terminate, discriminate against, or otherwise penalize or retaliate against any independent contractor for exercising any rights established in this chapter or for making a complaint, participating in any enforcement proceedings under this chapter, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter or demonstrating his or her support for the policies of this chapter. A person terminating or taking any other adverse action against any independent contractor who has engaged in any of the foregoing activities within one year preceding the termination or other adverse action shall provide to the independent contractor at or before the time of the termination or other adverse action a detailed written statement of the reason or reasons for the termination or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the person that contradict the substantiating facts.
(g) An independent contractor or a representative of one or more independent contractors claiming a violation of this chapter may bring an action in superior court and shall be entitled to all remedies available under the law or in equity appropriate to remedy that violation, including, but not limited to, injunctive relief or other equitable relief, including reinstatement to participation in a hosting platform and compensatory damages. For a willful violation of subdivision (d), the amount of damages attributable to lost income due to the violation shall be trebled.
1082.
(a) The exercise of any rights established by this chapter shall not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding.
(b) Nothing in this chapter is intended to impact the determination of whether any worker is an employee or independent contractor or to impact any pending litigation.
1082.
1083.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Summary: Existing law relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. The bill would require that, at the request of the group, a written contract for independent contractor services, entered into on or after the date of the conclusion of negotiations conducted in accordance with the bill, by the hosting platform and a member of that group, incorporate any agreement reached in those negotiations. The bill would require the State Mediation and Conciliation Service to facilitate negotiations, provide mediation services, and investigate any complaint by a group claiming a violation of the negotiation requirement. The bill would require the service, if it finds that there is probable cause to believe a violation has occurred, to bring an action in a specified superior court for injunctive and other appropriate equitable relief to remedy the violation. The bill would prohibit a person from penalizing or retaliating against an independent contractor for taking specified actions within the scope of the bill. The bill would authorize an independent contractor or a representative of independent contractors claiming a violation under this bill to bring an action in superior court for prescribed remedies, and would provide for treble damages with regard to lost income for a willful violation. The exercise of any rights established by the bill would not be admissible as evidence that a person is an independent contractor in any judicial or administrative proceeding. The bill would make its provisions severable.

An act to add Chapter 4.8 (commencing with Section 1080) to Part 3 of Division 2 of the Labor Code, relating to employment.