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

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

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

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


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

SECTION 1.
Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................
(173,000,000)
Provisions:
1.
Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows:
(a)
$148,000,000 for specified local Traffic Congestion Relief Program projects.
(b)
$11,000,000 for trade corridor improvements.
(c)
$9,000,000 for the Transit and Intercity Rail Capital Program.
(d)
$5,000,000 for the State Highway Operations and Protection Program.
2.
Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016–17 fiscal year.
SEC. 2.
Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
3970-001-0001—For support of Department of Resources Recycling and Recovery ........................
105,000,000
Schedule:
(1)
3700-Waste Reduction and Management ........................
105,000,000
Provisions:
1.
The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment.
2.
Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs.
SEC. 3.
Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read:
6440-001-0001—For support of University of California ........................
3,057,993,000
Schedule:
(1)
5440-Support ........................
3,057,993,000
Provisions:
1.
This appropriation is exempt from Sections 6.00 and 31.00.
2.
(a)
The Legislature finds and declares all of the following:
(1)
The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes.
(2)
The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources.
(3)
In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses.
(4)
Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled.
(b)
To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year.
(c)
If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee.
2.1.
No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations.
2.2.
The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source.
2.3.
No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following:
(a)
All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education.
(b)
The factors the university considers to determine which funds to use for educational activities and how much of those funds to use.
(c)
The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code.
2.4.
(a)
The Regents of the University of California shall implement further measures to reduce the university’s cost structure.
(b)
The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy.
(c)
(1)
Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees.
(2)
At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.
3.
(a)
The Regents of the University of California shall approve a plan that includes at least all of the following:
(1)
Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015.
(2)
Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1).
(3)
Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2).
(4)
The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code.
(b)
The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university.
4.
(a)
The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university.
(b)
The Controller shall transfer funds from this appropriation upon receipt of the following reports:
(1)
The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university.
(2)
The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university.
(3)
The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation.
4.5.
Of the funds appropriated in this item:
(a)
$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses.
(b)
$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis.
(c)
$770,000 shall be allocated for the Statewide Database.
(d)
$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017.
4.6.
The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose.
4.7.
This item includes funds for the California DREAM Loan Program.
5.
Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university.
6.
The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs.
SEC. 4.
Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................
240,000,000
Schedule:
(1)
7755–Prefunding Health and Dental Benefits ........................
240,000,000
Provisions:
1.
The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources.
2.
No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller’s office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code.
3.
This appropriation is available for expenditure or encumbrance until June 30, 2017.
SEC. 5.
Section 39.00 of the Budget Act of 2015 is amended to read:
Sec. 39.00.
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 6.
This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

Summary: The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. This bill would declare that it is to take effect immediately as a Budget Bill.

An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


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

SECTION 1.
Item 0650-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:
0650-001-3228—For support of Office of Planning and Research, payable from the Greenhouse Gas Reduction Fund ........................

1,199,000

1,817,000
Schedule:
(1)
0370-Strategic Growth Council ........................

1,199,000

1,817,000
Provisions:
1.
Funds appropriated in this item shall count toward the share of annual proceeds continuously appropriated to the Strategic Growth Council as specified in subparagraph (C) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code.
2.
Of the amount appropriated in this item, $500,000 shall be available to provide technical assistance to disadvantaged communities. The Strategic Growth Council shall report on the use of these funds at legislative budget hearings.
SEC. 2.
Item 2665-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
2665-001-3228—For support of High-Speed Rail Authority, payable from the Greenhouse Gas Reduction Fund ........................
103,000
Schedule:
(1)
1970-Administration ........................
103,000
Provisions:
1.
Funds appropriated in this item shall count towards the share of annual proceeds continuously appropriated to the High Speed Rail Authority as specified in paragraph (2) of subdivision (b) of Section 39719 of the Health and Safety Code.
SEC. 3.
Item 3860-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
3860-001-3228—For support of Department of Water Resources, payable from the Green House Gas Reduction Fund ........................
1,000,000
Schedule:
(1)
3230-Continuing Formulation of the California Water Plan ........................
1,000,000
Provisions:
1.
The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019.
2.
The funds appropriated in this item shall be available to administer a grant program for local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use.
SEC. 4.
Item 3860-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
3860-101-3228—For local assistance, Department of Water Resources, payable from the Greenhouse Gas Reduction Fund ........................
19,000,000
Schedule:
(1)
3230-Continuing Formulation of the California Water Plan ........................
19,000,000
Provisions:
1.
The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2017, and available for liquidation until June 30, 2019.
2.
The funds appropriated in this item shall be available for assistance to local agencies, joint powers authorities, or nonprofit organizations to implement residential, commercial, or institutional water efficiency programs or projects that reduce greenhouse gas emissions, and also reduce water and energy use.
SEC. 5.
Item 3900-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:
3900-001-3228—For support of State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................

16,486,000

18,686,000
Schedule:
(1)
3510-Climate Change ........................

16,486,000

18,686,000
Provisions:
1.
Notwithstanding any other provision of law, of the funds appropriated in this item, up to $1,000,000 is available to fund the Greenhouse Gas Reduction Fund expenditure project tracking system upon project approval by the Department of Technology, and shall be available for expenditure until June 30, 2017.
SEC. 6.
Item 3900-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
3900-101-3228—For local assistance, State Air Resources Board, payable from the Greenhouse Gas Reduction Fund ........................
90,000,000
Schedule:
(1)
3510-Climate Change ........................
90,000,000
Provisions:
1.
Notwithstanding Section 16304.1 of the Government Code, the funds appropriated in this item shall be available for encumbrance until June 30, 2018, and be available for liquidation of encumbrances until June 30, 2021.
SEC. 7.
Item 4700-001-3228 of Section 2.00 of the Budget Act of 2015 is amended to read:
4700-001-3228—For support of Department of Community Services and Development, payable from the Greenhouse Gas Reduction Fund ........................

4,700,000

8,773,000
Schedule:
(1)
4180-Energy Programs ........................

4,700,000

8,773,000
Provisions:
1.
Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-101-3228, upon the Department of Finance’s approval.
2.
Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year and for liquidation through June 30, 2018.
SEC. 8.
Item 4700-101-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
4700-101-3228—For local assistance, Department of Community Services and Development, for Weatherization and Renewable Energy Projects, payable from the Greenhouse Gas Reduction Fund ........................
70,000,000
Schedule:
(1)
4180-Energy Programs ........................
70,000,000
Provisions:
1.
Notwithstanding any other provision of law, the department may transfer funds from this item to Item 4700-001-3228, upon the Department of Finance’s approval.
2.
Notwithstanding any other provision of law, any unexpended funds of this appropriation as of June 30, 2016, shall be available for encumbrances in the subsequent fiscal year; and, available for liquidation through June 30, 2018.
SEC. 9.
Item 8570-001-3228 is added to Section 2.00 of the Budget Act of 2015, to read:
8570-001-3228—For support of Department of Food and Agriculture, payable from the Greenhouse Gas Reduction Fund ........................
40,000,000
Schedule:
(1)
6590-General Agricultural Activities ........................
40,000,000
(3)
9900100-Administration ........................
781,000
(4)
9900200-Administration—Distributed ........................
−781,000
Provisions:
1.
Of the funds appropriated in this item, $40,000,000 shall be available for expenditure or encumbrance until June 30, 2017, to support greenhouse gas emission reductions through water and energy efficiency grants promoting water and energy savings.
SEC. 10.
Section 39.00 of the Budget Act of 2015 is amended to read:
SEC. 39.00.
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125,
AB 126,
AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133,
AB 134,
AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96,
SB 97,
SB 98, SB 99, SB 100,
SB 101,
SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 11.
This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
SECTION 1.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

Summary: The Budget Act of 2015 made appropriations for the support of state government for the 2015–16 fiscal year. This bill would amend the Budget Act of 2015 by revising items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

An act
relating to the Budget Act of 2015.
to amend the Budget Act of 2015 by amending Items 0650-001-3228,
3900-001-3228,
and 4700-001-3228 of, and adding Items
2665-001-3228,
3860-001-3228, 3860-101-3228, 3900-101-3228,
4700-101-3228,
and 8570-001-3228 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the State Budget, and making an appropriation therefor, to take effect immediately, budget bill.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Educators and policymakers have long acknowledged that the skills and competencies needed to be an effective teacher are supported through early and structured mentoring and assessment.
(b) Induction programs help beginning teachers transition into the profession by providing standards-based, individualized assistance that combines the application of theory with intensive mentor-based support and formative assessment.
(c) In 1998, California created its two-tiered teaching credential system and established the completion of a statewide, standards-based induction program, Beginning Teacher Support and Assessment (BTSA), as a path toward a clear credential.
(d) Until 2009, the state provided $4,000 per participating teacher to BTSA providers as part of the Teacher Credentialing Block Grant.
(e) In order to receive state funding, a local educational agency (LEA) was required to make a local in-kind contribution of $2,000 per participating teacher.
(f) The combined level of dedicated funding was sufficient for running the program and allowed LEAs to provide induction at no charge to beginning teachers.
(g) In 2009, due to the Great Recession, the state gave increased flexibility to LEAs by allowing Teacher Credentialing Block Grant funds to be used for any educational purpose.
(h) In 2013, the state eliminated the majority of K–12 categorical programs, including the Teacher Credentialing Block Grant, with the establishment of the local control funding formula (LCFF).
(i) Although former Teacher Credentialing Block Grant funds are included in LEAs’ base LCFF funding, some induction providers have shifted the costs of induction onto teacher participants, while others have closed their programs altogether.
(j) According to data collected by the Commission on Teacher Credentialing, nearly 12 percent of providers are charging teachers an average of $2,000 per year for induction.
(k) The large fees place heavy financial burdens on teachers just starting their careers and put the entire responsibility of identifying, accessing, and completing a quality induction program solely on new teachers.
(l) A new teacher’s inability to access an induction program compromises that teacher’s professional growth and greatly reduces the chance that the teacher will stay in the profession.
(m) This is particularly troubling because enrollment in teacher preparation programs, and the number of new teaching credentials being issued, have reduced considerably in recent years.
(n) In 2013, according to the Commission on Teacher Credentialing, there were fewer than 20,000 students enrolled in teacher preparation programs in the state, less than half of the number that were enrolled in 2008.
(o) The shortage is expected to worsen within the next 20 years with projected increases in student enrollment and teacher retirements.
(p) Access to high quality induction programs is critical to addressing the teacher shortage because induction is an important tool for recruiting and retaining teachers.
(q) Teacher retention data collected by the Commission on Teacher Credentialing in 2008 demonstrates the effectiveness of induction, showing that 87 percent of teachers who participated in a BTSA program were still teaching five years later.
(r) The Governor and Legislature recognized induction’s importance by including $490 million in the 2015–16 Budget Act for activities that promote educator quality and effectiveness, including support and mentoring for both beginning teachers and administrators.
(s) The 2015–16 Budget Act also directs the Commission on Teacher Credentialing, by September 1, 2015, to work with stakeholders to evaluate any burdens of existing induction requirements and identify funding recommendations, including state, LEA, and teacher candidate responsibilities.
(t) The allocation and forthcoming report by the Commission on Teacher Credentialing provide a great opportunity to protect and support new teachers by strengthening access and the quality of induction programs.
SEC. 2.
Section 44259 of the Education Code is amended to read:
44259.
(a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation.
(b) The minimum requirements for the preliminary multiple or single subject teaching credential are all of the following:
(1) A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become teachers.
(2) Passage of the state basic skills proficiency test that is developed and administered by the commission pursuant to Section 44252.5.
(3) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, each program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. Programs that meet this requirement for professional preparation shall include any of the following:
(A) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1.
(B) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1.
(C) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3.
(4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. The study of reading shall meet the following requirements:
(A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following:
(i) The study of organized, systematic, explicit skills, including phonemic awareness, direct, systematic, explicit phonics, and decoding skills.
(ii) A strong literature, language, and comprehension component with a balance of oral and written language.
(iii) Ongoing diagnostic techniques that inform teaching and assessment.
(iv) Early intervention techniques.
(v) Guided practice in a clinical setting.
(B) For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A).
A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts.
(5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.
(6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335.
(7) Commencing January 1, 2000, demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following:
(A) Successful completion of a commission-approved program or course.
(B) Successful passage of an assessment that is developed, approved, and administered by the commission.
(c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements:
(1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission.
(2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including one of the following:
(A) (i) A program of beginning teacher induction approved by the commission and the Superintendent.
(ii) (I) Commencing with hiring for the 2016–17 school year, and each school year thereafter, a school district, county office of education, or charter school shall not charge a fee to a beginning teacher to participate in a beginning teacher induction program.
(II) For purposes of subclause (I), a beginning teacher includes a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential.
(B) (i) An alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the state board pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. An alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2.
(ii) A local educational agency shall not charge a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph.
(C) (i) An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.
(ii) A school district shall not charge a beginning teacher a fee to participate in an alternative program of beginning teacher induction that is provided pursuant to this subparagraph.
(3) (A) If a candidate satisfies the requirements of subdivision (b), including completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2).
(B) If an approved induction program is verified as unavailable to a beginning teacher, or if the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter coursework to be qualified for a teaching assignment, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph.
(4) Experience that includes the application of knowledge and skills previously acquired in a preliminary credential program, in accordance with commission standards, that addresses the following:
(A) Health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross.
(B) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular educational programs.
(C) Advanced computer-based technology, including the uses of technology in educational settings.
(d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (c), starting in professional preparation and continuing through induction.
(e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service.
(f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission.
(g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision.
(h) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997.

Summary: Existing law prescribes the minimum requirements for a clear multiple or single subject teaching credential, including the completion of either a beginning teacher induction program approved by the Commission on Teacher Credentialing and the Superintendent of Public Instruction pursuant to the Marian Bergeson Beginning Teacher Support and Assessment System, an alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the State Board of Education, as provided, or an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction, except as provided. Existing law also requires credentials for teaching specialties, including, but not limited to, bilingual education, early childhood education, and special education, to be based upon a baccalaureate degree from an accredited institution, completion of a program of professional preparation, and any other standards which the commission may establish. This bill would, commencing with hiring for the 2016–17 school year, and each school year thereafter, prohibit a school district, county office of education, or charter school from charging a fee to a beginning teacher to participate in a beginning teacher induction program that is approved by the commission and the Superintendent, and would define a beginning teacher for purposes of that provision to include a teacher with a preliminary multiple or single subject teaching credential, or a preliminary education specialist credential. The bill also would prohibit a local educational agency from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction program that it provides, and would prohibit a school district from charging a fee to a beginning teacher to participate in an alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts.

An act to amend Section 44259 of the Education Code, relating to teacher credentialing.


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

SECTION 1.
(a) It is the intent of the Legislature that the entities responsible for the Mokelumne Watershed Interregional Sustainability Evaluation Program may seek state funding for which the feasibility studies and assessments described in paragraph (3) of subdivision (a) of Section 5093.548 of the Public Resources Code are eligible.
(b) It is further the intent of the Legislature that, until the completion of the study and report referenced in subdivision (c) of Section 5093.548 of the Public Resources Code and the implementation of any recommendation to add segments to the wild and scenic rivers system, or until December 31, 2021, whichever occurs first, state and local government entities may participate in any collaborative process convened by the Pacific Gas and Electric Company to discuss a pumped storage project in the upper Mokelumne River watershed, if the project is designed to avoid harm to the free-flowing condition and natural character of the segments of the river described in Section 5093.549 of the Public Resources Code, and to the recreational, cultural, historical, scenic, and water quality values of those segments.
SEC. 2.
Section 5093.548 is added to the Public Resources Code, to read:
5093.548.
(a) Notwithstanding Section 5093.547, prior to the designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, the secretary shall study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability of the proposed designation. The suitability analysis contained in the report shall consider all of the following:
(1) The potential effects of the proposed designation on the ability of public agencies and utilities within the Mokelumne River watershed to meet current and projected future water requirements through the development of new and more reliable water supplies from the Mokelumne River and its tributaries. When considering projected future water requirements, the secretary shall only consider feasible projects to meet foreseeable demands.
(2) Any effects of climate change on river values described in Section 5093.50 and current and projected water supplies.
(3) The following feasibility studies and assessments included within the implementation plan of the Mokelumne Watershed Interregional Sustainability Evaluation, Final Report dated June 12, 2015: 7a, 7b, 7d, and 7f. The inclusion of these studies and assessments in this subdivision shall not be construed as an exemption from wild and scenic designation.
(4) The instances when the secretary has determined pursuant to Section 5093.55 that a water diversion facility may be constructed on a river or segment of a river that is part of the system.
(5) The instances when the State Water Resources Control Board has approved an application to appropriate water from a river or a segment of a river that is part of the system and what restrictions, if any, were placed on the appropriation of water as a result of the river or segment of a river’s inclusion in the system.
(b) The report shall also include the information required in subdivision (b) of Section 5093.547 and the secretary’s recommendations and proposals with respect to the proposed designation.
(c) The report required for the segments of the Mokelumne River designated for potential addition to the system pursuant to Section 5093.549 shall be submitted to the Legislature and Governor no later than December 31, 2017, and shall include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River.
(d) A study undertaken by the secretary pursuant to subdivision (a) shall provide for public input from a broad range of stakeholders.
(e)  A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(f) Until the completion of the study period and the implementation of any recommendation to add segments to the system, or December 31, 2021, whichever occurs first, no dam, reservoir, diversion, or other water impoundment facility may be constructed on any segment designated for study by the secretary as a potential addition to the system unless the secretary determines that the facility is needed to supply domestic water to the residents of the county or counties through which the river and segment flows and the secretary determines that the facility will not adversely affect the free-flowing condition and natural character of the river and segment. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board.
(g) (1) The secretary shall develop a cost estimate of the study and report required by subdivision (c) and enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority. The cost-sharing agreement shall require that the state pay not more than 50 percent of the cost of the study and report required by subdivision (c), with the remaining cost to be paid by the authority. The payment by the authority may consist of appropriated funds or a contribution of services.
(2) Nothing in this section shall preclude any private donations or contributions from interested parties to be used for the purposes of this subdivision.
SEC. 3.
Section 5093.549 is added to the Public Resources Code, to read:
5093.549.
The following segments of the North Fork and main stem Mokelumne River are hereby designated for potential addition to the system.
(a) The North Fork Mokelumne River from 0.50 miles downstream of the Salt Springs 97-006 Dam to 0.50 miles upstream of the Tiger Creek Powerhouse.
(b) The North Fork Mokelumne River from 1,000 feet downstream of the Tiger Creek Afterbay 97-105 Dam to State Highway Route 26.
(c) The North Fork Mokelumne River from 400 feet downstream of the small reregulating dam at the outlet of the West Point Powerhouse to the confluence of the North and Middle Forks of the Mokelumne River.
(d) The main stem of the Mokelumne River from the confluence of the North and Middle Forks to 300 feet upstream of the Electra Powerhouse.
(e) The main stem of the Mokelumne River from 300 feet downstream of the small reregulating dam downstream of the Electra Powerhouse to the Pardee Reservoir flood surcharge pool at 580 feet elevation above mean sea level.
SEC. 4.
Section 5093.56 of the Public Resources Code is amended to read:
5093.56.
No department or agency of the state may assist or cooperate, whether by loan, grant, license, or otherwise, with any department or agency of the federal, state, or local government, in the planning or construction of a dam, reservoir, diversion, or other water impoundment facility that could have an adverse effect on the free-flowing condition and natural character of either of the following:
(a) The rivers and segments thereof designated in Section 5093.54 as included in the system.
(b) The segments of the Mokelumne River designated in Section 5093.549 for study by the secretary as potential additions to the system until after the study period and implementation of any recommendations have been completed, or December 31, 2021, whichever occurs first. This subdivision shall not apply to, and shall not in any way affect, Amador Water Agency’s water rights application 5647X03 pending before the State Water Resources Control Board, or prejudice, alter, affect in any way, or interfere with the maintenance, repair, or operation by the Pacific Gas and Electric Company of the Mokelumne River Project (FERC 137) currently under the 2001 Federal Energy Regulatory Commission license for the project, the incorporated settlement agreement, any license amendments made with the agreement of the parties to the incorporated settlement agreement, and any adjustment of flows permitted to occur pursuant to the license for enhancement of ecological resources.
SEC. 5.
Due to the unique geographical features of the Mokelumne River and its tributaries, the Legislature hereby finds and declares that a special law is necessary and a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.
SEC. 6.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.

Summary: Existing law, the California Wild and Scenic Rivers Act, provides for a system of classification of those rivers or segments of rivers in the state that are designated as wild, scenic, or recreational rivers, for purposes of preserving the highest and most beneficial use of those rivers. The act requires the Secretary of the Natural Resources Agency to study and submit to the Governor and the Legislature a report that analyzes the suitability or nonsuitability for addition to the system of rivers or segments of rivers that are designated by the Legislature as potential additions to the system, and requires that each report contain specified information and recommendations with respect to the proposed designation. This bill would require the secretary, in a report analyzing the suitability or nonsuitability of a proposed designation of the Mokelumne River, its tributaries, or segments thereof as additions to the system, to consider the potential effects of the proposed designation on future water requirements, as specified, and the effects of climate change on river values and current and projected water supplies, and to consider other factors. The bill would include any segment of the Mokelumne River designated for potential addition within certain protections afforded to wild and scenic rivers until the completion of the study period and the implementation of any recommendation to add the segment of the Mokelumne River to the system, or December 31, 2021, whichever occurs first. The bill would also designate specified segments of the Mokelumne River for potential addition to the system. The bill would require the secretary to submit a report pursuant to the above-described requirements to the Legislature and Governor no later than December 31, 2017, and would require the report to include a clear recommendation on the suitability or nonsuitability for addition to the system of each of the designated segments of the Mokelumne River. The bill would require the secretary to enter into a cost-sharing agreement with the Upper Mokelumne River Watershed Authority that would require the state and the authority to each pay a specified portion of the cost of the report. By imposing new duties on a local government entity, the bill would impose a state-mandated local program. The bill would declare that due to the unique geographical features of the Mokelumne River and its tributaries, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 5093.56 of, and to add Sections 5093.548 and 5093.549 to, the Public Resources Code, relating to wild and scenic rivers.


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

SECTION 1.
Section 113755 of the Health and Safety Code is amended to read:
113755.
“Community event” means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.
SEC. 2.
Section 113789 of the Health and Safety Code, as amended by Section 1.2 of Chapter 927 of the Statutes of 2014, is amended to read:
113789.
(a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (13) of subdivision (c).
(4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(c) “Food facility” does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2) A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3) A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4) A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5) Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6) Premises operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted on premises controlled by the producer.
(7) A commercial food processing establishment as defined in Section 111955.
(8) A child day care facility, as defined in Section 1596.750.
(9) A community care facility, as defined in Section 1502.
(10) A residential care facility for the elderly, as defined in Section 1569.2.
(11) A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12) (A) An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B) A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13) A community food producer, as defined in Section 113752.
SEC. 3.
Section 114276 of the Health and Safety Code is amended to read:
114276.
(a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees.
(b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.
(2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities.
(3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women.
(4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility.
(c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors.
(2) Toilet room doors shall be kept closed except during cleaning and maintenance operations.
(d) Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3.
(e) A city, county, or city and county may enact ordinances that are more restrictive than this section.
(f) (1) Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided.
(2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250).
(3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part.
SEC. 4.
Section 114289 of the Health and Safety Code, as amended by Section 2 of Chapter 927 of the Statutes of 2014, is amended to read:
114289.
(a) Notwithstanding any law to the contrary, a permanent food facility that has less than 300 square feet of display area and that sells only prepackaged food that is not potentially hazardous food shall be exempt from the requirements of this part except as set forth in subdivision (c).
(b) Notwithstanding any law to the contrary, a premises set aside for beer or wine tasting, as that term is defined in Section 23356.1 or 23357.3 of the Business and Professions Code, that complies with Section 118375, for the purposes of wine or beer tasting, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption, and crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption shall be subject to the requirements set forth in paragraph (1) of subdivision (c). These facilities shall not have a food display area greater than 25 square feet.
(c) (1) A facility or premises with a food display area of 25 square feet or less shall comply with all of the following:
(A) Sections 113980, 114047, 114049, 114390, 114393, 114395, 114397, and 114399.
(B) Chapter 1 (commencing with Section 113700).
(C) Chapter 2 (commencing with Section 113728).
(2) A permanent food facility with a food display area greater than 25 square feet, but less than 300 square feet, shall comply with all of the following:
(A) Sections 113980, 114047, 114049, 114250, 114266, 114381, 114387, 114390, 114393, 114395, 114397, 114399, 114405, 114407, 114409, 114411, and 114413.
(B) Chapter 1 (commencing with Section 113700).
(C) Chapter 2 (commencing with Section 113728).
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities, as defined. Existing law exempts from the definition of food facility premises set aside for wine tasting, regardless of whether there is a charge for the wine tasting, if no other beverage, except for bottles of wine and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption and no food, except for crackers, is served. Existing law prohibits certain premises from having a food display area that exceeds 25 square feet, and subjects certain facilities or premises with a food display area of 25 square feet or less to specified provisions of the code. Existing law imposes certain enforcement duties on the State Department of Public Health, but provides that local health agencies are primarily responsible for enforcing these provisions. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would additionally exclude from the definition of food facility a premises set aside for wine tasting that offers pretzels or prepackaged nonpotentially hazardous food for sale or for onsite consumption. The bill would limit the food display area in premises set aside for wine tasting to 25 square feet and subject those premises to specified provisions of the California Retail Food Code. By imposing new duties on local health agencies, and by expanding the definition of a crime, the bill would impose a state-mandated local program. Existing law, for the purposes of the California Retail Food Code, defines “community event” to mean an event that is of a civic, political, public, or educational nature. This bill would limit the definition of a community event to include only an event of a civic, political, public, or educational nature conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period. Under existing law, a permanent food facility is required to provide clean toilet facilities in good repair for consumers, guests, and invitees, except that a building constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises may either provide clean toilet facilities in good repair or prominently post a sign in a public area stating that toilet facilities are not provided. This bill would limit the above exemption to food facilities that have been in continuous operation since January 1, 2004. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

An act to amend Sections 113755, 113789, 114276, and 114289 of the Health and Safety Code, relating to food facilities.


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

SECTION 1.
Section 374.3 of the Penal Code is amended to read:
374.3.
(a) It is unlawful to dump or cause to be dumped waste matter in or upon a public highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property.
(c) A person violating subdivision (a) or (b) is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) remains unabated is a separate violation.
(d) This section does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies.
(e) A person convicted of a violation of subdivision (a) or (b) shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled.
(f) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property.
(g) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours.
(h) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction.
(2) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s residence.
(i) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter upon private property, including on any private highway or road, without the consent of the owner shall be punished by a fine. The fine is mandatory and shall amount to not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third conviction. Upon a fourth or subsequent conviction, the person is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000).
(2)  If the court finds that the waste matter placed, deposited, or dumped includes used tires, the fine prescribed in this subdivision shall be doubled. A separate fine in the same amount as initially imposed shall accrue for each day that waste placed, deposited, or dumped remains unabated, but no additional conviction for the purposes of punishments in paragraph (1) shall arise for the same act. For the fourth or subsequent violation, each day that waste placed, deposited, or dumped remains shall not result in the accrual of a separate fine or violation for the purposes of punishments in paragraph (1).
(j) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation.
(k) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law prohibits dumping waste matter in or upon a public or private highway or road, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. By changing the definition of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 374.3 of the Penal Code, relating to dumping.