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

SECTION 1.
(a) It is the intent of the Legislature in enacting this act to encourage counties that establish and operate jail industries to provide a program that will increase the likelihood of inmate success upon release and to decrease recidivism by obtaining long-term high-paying jobs.
(b) It is also the intent of the Legislature, upon the implementation of the jail industry program, that small businesses and disabled veteran businesses be provided every opportunity to have equal and competitive opportunities to provide goods and services to facilitate the operations of the county-run jail facilities.
SEC. 2.
The heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of the Penal Code is amended to read:
CHAPTER  2.5. Jail Industry Authority
SEC. 3.
Section 4325 of the Penal Code is repealed.
SEC. 4.
Section 4325 is added to the Penal Code, to read:
4325.
(a) The board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize, by ordinance or resolution, the sheriff or county director of corrections to create a Jail Industry Authority within the county jail system.
(b) The purpose of the Jail Industry Authority includes all of the following:
(1) To develop and operate industrial, agricultural, or service enterprises or programs employing prisoners in county correctional facilities under the jurisdiction of the sheriff or county director of corrections.
(2) To create and maintain working conditions within the enterprises or programs as similar as possible to those that prevail in private industry.
(3) To ensure prisoners have the opportunity to work productively and earn funds, if approved by the board of supervisors pursuant to Section 4019.3, and to acquire or improve effective work habits and occupational skills.
(4) To allow inmates who participate in the enterprise or program the opportunity to earn additional time credits allowed under Section 4019.1 or 4019.4, if authorized by the sheriff or county director of corrections.
(5) To operate a work program for inmates in county correctional facilities that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program and that will provide goods and services that are or will be used by the county correctional facilities, thereby reducing the cost of its operation.
SEC. 5.
Section 4326 of the Penal Code is repealed.
SEC. 6.
Section 4327 of the Penal Code is amended to read:
4327.
Upon the establishment of the Jail Industry Program or Jail Industry Authority, the board of supervisors shall establish a Jail Industries Fund, which may be a revolving fund, for funding the operations of the program. All jail industry income shall be deposited in, and any prisoner compensation shall be paid to the account of the prisoner from, the Jail Industries Fund.
SEC. 7.
Section 4329 of the Penal Code is repealed.
SEC. 8.
Section 4497.50 of the Penal Code is amended to read:
4497.50.
In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, a county or city and county shall do all of the following:
(a) In the design and planning of facilities whose construction, reconstruction, or remodeling is financed under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, products for construction, renovation, equipment, and furnishings produced and sold by the Prison Industry Authority or local Jail Industry Authorities shall be utilized in the plans and specifications unless the county or city and county demonstrates either of the following to the satisfaction of the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(1) The products cannot be produced and delivered without causing delay to the construction of the property.
(2) The products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted.
(b) Counties and cities and counties shall consult with the staff of the Prison Industry Authority or local Jail Industry Authority to develop new products and adapt existing products to their needs.
(c) The Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall not enter into any contract with any county or city and county until that county’s or city and county’s plan for purchase from and consultation with the Prison Industry Authority or local jail industry program is reviewed and approved by the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
SEC. 9.
Section 4497.52 of the Penal Code is amended to read:
4497.52.
Notwithstanding any other provision of law, a county or city and county may contract for the purchase of products as specified in Section 4497.50 with the Prison Industry Authority or local Jail Industry Authority without the formality of obtaining bids or otherwise complying with provisions of the Public Contract Code.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.

Summary: Existing law authorizes the board of supervisors in specified counties, as part of a pilot jail industry program not to exceed 4 years, to establish, with the concurrence of the county sheriff, a Jail Industry Commission for that county. Existing law also requires the county board of supervisors, upon the establishment of a commission, to create a Jail Industries Fund, as specified, which may be used to fund specified purposes. Existing law specifies the composition of these commissions. This bill would repeal the authorization to create a Jail Industry Commission as a pilot program, and would instead authorize the board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura to authorize the county sheriff or county director of corrections to create a Jail Industry Authority, as specified. The bill would also make conforming changes. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura.

An act to amend Sections 4327, 4497.50, and 4497.52 of, to amend the heading of Chapter 2.5 (commencing with Section 4325) of Title 4 of Part 3 of, to repeal Sections 4326 and 4329 of, and to repeal and add Section 4325 of, the Penal Code, relating to jails.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Students, faculty, health practitioners, and college administrators are reporting increased rates of mental health needs by students attending public colleges in California.
(b) One in four students has a diagnosable mental illness and 40 percent of students do not seek mental health services when they need it.
(c) Eight out of 10 people who experience psychosis have their first episode between 15 and 30 years of age.
(d) The demand for mental health services by public college students far outpaces the ability of colleges to provide them. California public college campuses and higher education systems do not meet national staffing standards for psychiatric services and other mental health professionals.
(e) The lack of services directly impacts college students’ success and academic performance as well as their ability to develop socially as productive members of society.
(f) The effects of untreated mental health needs are long lasting and can include college students dropping out of school, experiencing homelessness, and dying of suicide.
(g) One in 10 college students has considered suicide and suicide is the second leading cause of death among college students, claiming more than 1,100 lives every year nationally.
(h) Research shows that for each dollar invested in student prevention and early intervention mental health services, California will see a return of at least $6 and up to $11 as a result of more students graduating.
(i) Under the Prevention and Early Intervention component of the Mental Health Services Act, subdivision (b) of Section 3706 of Title 9 of the California Code of Regulations states that at least 51 percent of the Prevention and Early Intervention Fund shall be used to serve individuals who are 25 years old or younger.
(j) Since the approval of the Mental Health Services Act in 2004, there has been limited interaction between college campuses and county mental health departments. It is the purpose of this act to foster partnerships between counties and college campuses to better address the mental health needs of their students.
SEC. 2.
Part 3.3 (commencing with Section 5832) is added to Division 5 of the Welfare and Institutions Code, to read:
PART 3.3. College Mental Health Services Program
5832.
This part shall be known, and may be cited, as the College Mental Health Services Program Act.
5832.1.
Moneys shall be available, upon appropriation by the Legislature, to the Mental Health Services Oversight and Accountability Commission to fund the grant program established pursuant to this part.
5832.2.
(a) The commission shall create a grant program for public community colleges, colleges, and universities, in collaboration with county behavioral health departments, to improve access to mental health services and early identification or intervention programs. The commission shall establish grant program guidelines and shall develop a request for application (RFA). The RFA shall include, but not be limited to, all of the following:
(1) Eligibility standards of applicants in order to qualify to be considered for a grant award.
(2) Required program components to be included in the grant application, which may include, but are not limited to:
(A) The ability of the program to meet the needs of students that cannot be met through existing funds.
(B) The ability of the program to fund the matching component required by subdivision (f).
(C) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services.
(D) The ability of the campus to address direct services including, but not limited to, increasing staff to student ratios and decreasing wait times.
(E) The ability to participate in evidence-based and community-defined best practice programs for mental health services improvements.
(3) Preferred program components to be included in the grant application, which may include, but are not limited to:
(A) The ability of the campus to serve underserved and vulnerable populations.
(B) The ability of the campus, in partnership with the local county, to establish direct linkages for students to community-based mental health services for which reimbursement is available through the students’ health coverage.
(C) The ability of the campus to reduce racial disparities in access to mental health services.
(D) The ability of the campus to fund mental health stigma reduction activities.
(E) The ability of the campus to provide employees and students with education and training on early identification, intervention, and referral of students with mental health needs.
(F) The ability of the campus to screen students receiving other health care services and provide linkages to services from the appropriate mental health provider based on the health insurance status of that student, for those students who are shown to have a need for services.
(G) Evidence of an existing or planned partnership between the campus and the county behavioral health department to address complex mental health needs of students based on their health insurance status and based on the extent to which there are students whose needs cannot be met through their health plan, health insurance, or Medi-Cal.
(H) Evidence of an existing or planned partnership between the campus and local safety net providers to ensure linkages to primary care and community-based mental health care, regardless of the health insurance status of the student.
(4) Articulation of grant program goals and expected outcomes.
(5) Required reporting and evaluation standards to be met by applicants that are selected for a grant award.
(6) Timelines and deadlines for grant applications and anticipated funding award determinations.
(b) Colleges, in collaboration with their local county behavioral health department, shall submit their grant application to the commission according to the guidelines adopted pursuant to subdivision (a).
(c) To the extent that an application follows the guidelines adopted pursuant to subdivision (a) and specifically states what activities shall be undertaken in accordance with those guidelines, the commission shall have the authority to approve grant programs and shall award funding.
(d) Grants may be awarded to a community college district in the California Community College system, a campus within the California State University system, or a campus within the University of California system, or a grouping of campuses within the segments.
(e) Total available grant funding to colleges by segment shall be proportional to the number of students served by that segment but, in no case shall the commission award more than five million dollars ($5,000,000) per campus, per application.
(f) Grants shall only be awarded to a campus or campuses that can show a dollar-for-dollar match of funds or another match to be determined by the commission, in consultation with the applicant, based on resources and existing mental health needs of students from the campus or campuses. Matching funds can include in-kind funds, student health fee funds after notification to the student association, and other appropriate funds as determined by the commission and pursuant to the guidelines adopted pursuant to subdivision (a).
(g) Grants shall be awarded to applicants on a competitive basis based on their ability to meet the application standards and prioritization of these standards as determined by the commission through the development of the RFA guidelines adopted pursuant to subdivision (a).
(h) Individual grant award allocations shall be expended over at least one year but not to exceed three years, as determined by the commission through the grant award process.
(i) Administrative costs associated with administering an approved program shall be limited to 5 percent of the total grant amount for any grantee. Administrative costs incurred by the commission to administer this program shall not exceed 5 percent of the total funds annually.
(j) The funding provided pursuant to this part shall not be used to supplant existing campus, state, or county funds utilized to provide mental health services.
(k) The commission shall provide technical assistance to smaller colleges and county behavioral health departments upon request during the application process to ensure equitable distribution of the grant award.
5832.3.
(a) Community colleges, campuses in the California State University, and campuses in the University of California system that have been awarded grants pursuant to this part shall report annually on the use of grant funds to the commission and post the annual report on the use of the funds on their Internet Web sites. This report shall include, but not be limited to, all of the following:
(1) How grant funds and matching funds are being used.
(2) Available evaluation data, including outcomes of the campus mental health programs funded pursuant to the grant program.
(3) Program information regarding services being offered and the number of individuals being served.
(4) Plans for sustainability of mental health programming beyond the funding from this part.
(b) The campuses shall electronically submit the reports required pursuant to subdivision (a), annually, to the appropriate Chancellor’s offices and the University of California Office of the President.
5832.4.
(a)  Upon an appropriation of funds for the purposes of this section, the commission shall contract with a public or private research university or institute in this state to evaluate the program. The commission shall develop the research design and issue a request for proposal for a contract for the evaluation, with the assistance of the Department of Finance. The commission shall develop an evaluation plan to assess the impact of the program.
(b) The commission shall submit the final research design and request for proposal required by subdivision (a) to the chairperson of the Joint Legislative Budget Committee no more 30 days prior to executing a contract for the evaluation.
(c) The commission, in compliance with Section 9795 of the Government Code, shall submit the evaluation established in subdivision (a) to the Legislature by February 1, 2019, and annually thereafter by no later than February 1 of each year, evaluating the impact of the program and providing recommendations for further implementation. The commission shall make the report available to the public and shall post the report on its Internet Web site. The report shall include, but not be limited to, the following:
(1) A financial accounting of all funds awarded, disbursed to grant recipients, and remaining to be allocated.
(2) Available evaluation data, including outcomes of the mental health programs funded pursuant to the grant program.
(3) Program information regarding services being offered and the number of individuals being served.
(4) Plans for sustainability of mental health programming beyond the funding from the grant program.
(5) A financial accounting of all administrative expenditures by the commission.
5832.5.
This part shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

Summary: Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law provides for the operation and administration of various mental health programs at a statewide and county level, as specified. This bill, until January 1, 2022, would require the Mental Health Services Oversight and Accountability Commission, subject to appropriation by the Legislature, to create a grant program for public community colleges, colleges, and universities for purposes of improving access to mental health services on those campuses, as specified. The bill would require campuses that have been awarded grants under these provisions to report annually on the use of those grant funds and to post that information on their Internet Web sites. The bill would also require the commission to submit a report to the Legislature evaluating the impact of the program, as specified. The bill would require that evaluation to be conducted by a public or private research university or institute in this state and would require the Department of Finance to assist the commission in issuing a request for proposal for that contract.

An act to add and repeal Part 3.3 (commencing with Section 5832) of Division 5 of the Welfare and Institutions Code, relating to mental health.


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

SECTION 1.
Article 7 (commencing with Section 87200) is added to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, to read:
Article  7. Mandated Child Abuse Reporting Employee Training Act of 2016
87200.
This article shall be known, and may be cited, as the Mandated Child Abuse Reporting Employee Training Act of 2016.
87201.
The Mandated Child Abuse Reporting Employee Training Act of 2016 is hereby established to provide training to each employee and administrator of a community college district who is a mandated reporter, as defined in subdivision (a) of Section 11165.7 of the Penal Code, regarding the detection and reporting of child abuse.
87202.
(a) The governing board of each community college district shall do
both
all
of the following:
(1) Provide annual training, using the online training module developed by the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, on the detection and reporting of child abuse pursuant to Section 44691, or as provided in subdivision (b), to employees and administrators of the district who are mandated reporters, as defined in subdivision (a) of Section 11165.7 of the Penal Code, pursuant to this section and subdivision (h) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person’s employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the community college district. A person employed by more than one community college district or by more than one college in a single community college district shall only be required to receive the training required pursuant to this section one time in each academic year.
(3) Develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters. The community college district shall provide the information to the employees based upon any records that the community college district maintains in its ordinary course of business regarding a student described in this paragraph. Any information received by an employee pursuant to this paragraph shall be kept confidential and shall not be further disseminated by the employee.
(b) Community college districts that do not use the online training module shall report to the State Department of Education and to the Office of the Chancellor of the California Community Colleges the training being used in its place.
SEC. 2.
Section 11165.7 of the Penal Code is amended to read:
11165.7.
(a) As used in this article, “mandated reporter” is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher’s aide or teacher’s assistant employed by a public or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security department.
(17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25) An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner or other person who performs autopsies.
(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30) A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A) “Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B) “Humane society officer” means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34) An employee of any police department, county sheriff’s department, county probation department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36) A custodial officer, as defined in Section 831.5.
(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c) Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
(h) Pursuant to Section 87202 of the Education Code, community college districts shall annually train their employees and administrators specified in paragraph (41) of subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students. The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require each governing board of a community college district to: (1) annually train, using the online training module developed by the State Department of Education, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified. And develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that person’s employment. employment. And (3) develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters, as specified. The bill would provide that a person employed by more than one community college district or by more than one college in a single community college district is only required to receive the required training one time in each academic year. By imposing new duties on community college districts, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Article 7 (commencing with Section 87200) to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, and to amend Section 11165.7 of the Penal Code, relating to community colleges.


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

SECTION 1.
Section 111070.5 is added to the Health and Safety Code, to read:
111070.5.
(a) “Advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements:
(1) The product water is treated by all of the following treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration process that removes particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations.
(b) A bottler of advanced purified demonstration water shall do all of the following:
(1) Submit sample labels to the department for review at least 30 days before bottling advanced purified demonstration water.
(2) Submit the analyses of the advanced purified demonstration water required under subdivision (e) of Section 13570 of the Water Code to the department at least seven days before bottling advanced purified demonstration water.
(3) Conduct a full sanitation of the bottling and filling equipment immediately after bottling advance purified demonstration water.
SEC. 2.
Section 13570 is added to the Water Code, to read:
13570.
(a) As used in this section, “advanced purified demonstration water” means product water from an advanced water purification facility that satisfies both of the following requirements:
(1) The product water is treated by means of all of the following treatment processes:
(A) Microfiltration, ultrafiltration, or other filtration processes to remove particulates before reverse osmosis.
(B) Reverse osmosis.
(C) Advanced oxidation.
(2) The product water meets or exceeds all federal and state drinking water standards and is produced in accordance with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations.
(b) As used in this section, “advanced water purification facility” means a water recycling treatment plant that produces advanced purified demonstration water in accordance with the advanced treatment criteria specified in Section 60320.201 of Title 22 of the California Code of Regulations.
(c) As used in this section, “batch” means an increment of advanced purified treatment water that has completed the treatment process, is separate from incoming water, and is not receiving any additional source water.
(d) Except as expressly set forth in this section, the operator of an advanced water purification facility may cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, without complying with the requirements of Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. The volume of advanced purified demonstration water in each bottle shall not exceed eight ounces.
(e) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall collect water samples from the batch prior to the commencement of the bottling process, and test that batch in accordance with Section 111165 of the Health and Safety Code. Advanced purified demonstration water shall not be distributed unless the following requirements are met:
(1) The water meets or exceeds all federal and state drinking water standards, including all maximum contaminant levels applicable to public drinking water systems.
(2) The advanced water purification facility meets or exceeds all purification requirements imposed by regulatory agencies to produce the advanced purified demonstration water, including the removal of constituents of emerging concern where the removal is otherwise required of an advanced water purification facility.
(3) The water is produced using a treatment process that is consistent with the advanced treatment criteria for purified water specified in Section 60320.201 of Title 22 of the California Code of Regulations and, if established by the state board, in accordance with any uniform statewide water recycling criteria developed for the direct potable reuse of recycled water.
(f) (1) Advanced purified demonstration water may be bottled only at a licensed water-bottling plant in compliance with Sections 111070.5, 111080, 111120, 111145, and 111155 of the Health and Safety Code.
(2) Before bottling advanced purified demonstration water, an advanced water purification facility shall follow all pretreatment and labeling regulations for water bottling, including the requirements described in Section 111070.5 of the Health and Safety Code and the requirements for bottled water and vended water pursuant to Section 111080 of the Health and Safety Code.
(g) Advanced purified demonstration water shall be handled from the point of production to the completion of bottling in accordance with all regulations governing the transportation, bottling, labeling, and handling of bottled water, as defined in subdivision (a) of Section 111070 of the Health and Safety Code, including, but not limited to, subdivisions (a), (b), (f), and (h) of Section 111075 of the Health and Safety Code and Section 111070.5 of the Health and Safety Code. A water-bottling plant that bottles advanced purified demonstration water in accordance with this section may also bottle potable water, subject to compliance with Article 12 (commencing with Section 111070) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(h) An advanced water purification facility shall not provide bottled advanced purified demonstration water to any person under 18 years of age without the consent of that person’s parent or legal guardian.
(i) An advanced water purification facility shall not provide advanced purified demonstration water for human consumption, as defined in Section 116275 of the Health and Safety Code, including, but not limited to, in bottles, to more than 25 individuals per day for 60 or more days in a calendar year.
(j) Advanced purified demonstration water shall be bottled in nonreturnable (one-way) bottles or packages with labels containing the following information in an easily readable format that complies with all of the following:
(1) The label shall state “sample water--not for sale” and “Advanced Purified Water Sourced From Wastewater.”
(2) The label shall set forth the name, address, telephone number, and Internet Web site of the operator of the facility producing the advanced purified demonstration water.
(3) The label shall include a brief description of the advanced purified demonstration water, including its source and the treatment processes to which the water is subjected.
(k) A single advanced water purification facility shall not cause more than 1,000 gallons of advanced purified demonstration water to be bottled in a calendar year.
(l) Advanced purified demonstration water shall not be sold or otherwise distributed in exchange for financial consideration.
(m) Any operator of an advanced water purification facility seeking to bottle advanced purified demonstration water shall establish a collection and recycling program for distributed bottles.
(n) The operator of an advanced water purification facility that is bottling advanced purified demonstration water shall do all of the following:
(1) Maintain a daily record of the number of individuals to whom advanced purified demonstration water is distributed, served, made available, or otherwise provided, including, but not limited to, from a bottle.
(2) Compile a report of all daily records described in paragraph (1) for each calendar year.
(3) Certify under penalty of perjury that the report is accurate.
(4) Provide the report within 45 days of the end of the calendar year for which the report was made to the deputy director of the Division of Drinking Water of the State Water Resources Control Board.
(o) This section does not exempt an advanced water purification facility from any standard for bottling water imposed pursuant to federal law.
SEC. 3.
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 requires the State Department of Public Health to, on or before December 31, 2013, adopt uniform water recycling criteria for indirect potable reuse for groundwater recharge and to investigate and, on or before December 31, 2016, report to the Legislature on the feasibility of developing uniform water recycling criteria for direct potable reuse. Existing law transferred these powers and responsibilities to the State Water Resources Control Board on July 1, 2014. Under existing law, the State Department of Public Health licenses and regulates water bottlers, distributors, and vendors. Existing law prescribes various quality and labeling standards for bottled water and limits the levels of certain contaminants that may be contained in those water products. Violation of these provisions is a crime. This bill would authorize the operator of an advanced water purification facility to cause advanced purified demonstration water to be bottled and distributed as samples for educational purposes and to promote water recycling, as specified. The bill would prohibit the advanced purified demonstration water in each bottle from exceeding 8 ounces and would prohibit that water from being distributed unless the water, among other requirements, meets or exceeds all federal and state drinking water standards. The bill would authorize advanced purified demonstration water to be bottled at a licensed water-bottling plant in compliance with specified provisions. The bill would further establish bottling and labeling requirements for advanced purified demonstration water and would prohibit a facility from causing more than 1,000 gallons of the water to be bottled in a calendar year. The bill would require an operator of an advanced water purification facility seeking to bottle advanced purified demonstration water to establish a collection and recycling program for distributed bottles. The bill would require the operator to maintain a daily record of the number of individuals to whom the water is distributed, served, made available, or otherwise distributed and to submit a report based on those records, as specified and under penalty of perjury, to the state board. By creating a new crime, this bill would impose a state-mandated local program. This bill would require a bottler of advanced purified demonstration water to submit sample labels and specified analyses of the advanced purified demonstration water to the department and to conduct a full sanitation of the bottling and filling equipment immediately after bottling advanced purified demonstration water. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to add Section 111070.5 to the Health and Safety Code, and to add Section 13570 to the Water Code, relating to water.


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

SECTION 1.
Section 7312 of the Business and Professions Code is amended to read:
7312.
(a) The board shall do all of the following:
(1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act.
(2) Conduct and administer examinations of applicants for licensure.
(3) Issue licenses to those applicants that may be entitled thereto.
(4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter.
(5) Adopt rules governing sanitary conditions and precautions to be employed as are reasonably necessary to protect the public health and safety in establishments, schools approved by the board, and in the practice of any profession provided for in this chapter. The rules shall be adopted in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2 of the Government Code, and shall be submitted to the State Department of Public Health and approved by that department prior to filing with the Secretary of State. A written copy of all those rules shall be furnished to each licensee.
(6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese.
(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 2.
Section 7314 of the Business and Professions Code is amended to read:
7314.
(a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal, renewal, suspension, and revocation of licenses.
(b) The board shall keep a registration record of each licensee containing the name, address, license number, and date issued. This record shall also contain any facts that the applicants may have stated in their application for examination for licensure. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant.
(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 3.
Section 7314.3 of the Business and Professions Code is amended to read:
7314.3.
(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws. Basic labor laws include, but are not limited to, all of the following:
(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.
(2) Wage and hour rights for hourly employees.
(3) Antidiscrimination laws relating to the use of a particular language in the workplace.
(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations.
(5) How to obtain more information about state and federal labor laws.
(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 4.
Section 7337 of the Business and Professions Code is amended to read:
7337.
(a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board.
(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity.
(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application.
(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 5.
Section 7347 of the Business and Professions Code is amended to read:
7347.
(a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the bureau for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.
(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.
SEC. 6.
Section 7389 of the Business and Professions Code is amended to read:
7389.
(a) The board shall develop or adopt a health and safety course on hazardous substances and basic labor laws, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.
(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

Summary: Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties, including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act. This bill would require that the board offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese. Existing law requires the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. This bill would specify that the health and safety issues are those that impact licensees, including how to ensure licensees are aware of basic labor laws, as specified. Existing law requires every application for admission to examination and licensure to be verified by the oath of the applicant. This bill would additionally require every application for admission to examination and licensure and every electronic application to renew a license to include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws that the applicant is provided by the board with the application or renewal application. Existing law requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board. Existing law requires a separate license for each location where the establishment operates. Existing law requires applicants to submit an application, accompanied by a prescribed fee. Existing law prohibits the board from issuing a license to any applicant who has committed specified acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted. This bill would require, as part of a complete application for a license to operate an establishment, and an electronic application to renew a license to operate an establishment, a signed acknowledgment that the applicant understands the informational materials on basic labor laws the applicant is provided by the board with the application or renewal application and that establishments are responsible for compliance with any applicable labor laws of the state. Existing law requires the board to keep a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. This bill would require the board to collect, through optional questions on a written application for a license and in an electronic application to renew a license, the language preference of the applicant. Existing law requires the board to admit to a licensing examination an applicant who meets certain qualifications, including having completed one or more courses, as specified, offered by a school approved by the board. Existing law requires the board to develop or adopt a health and safety course on hazardous substances that is required to be taught in schools approved by the board. Existing law requires course development to include pilot testing of the course and training classes to prepare instructors to effectively use the course. This bill would require the health and safety course that the board is required to develop or adopt to additionally cover basic labor laws, as specified. This bill’s provisions would become operative on July 1, 2017.

An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389 of the Business and Professions Code, relating to professions and vocations.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) facilitates the maintenance of a quality environment for the people of the state through identification of significant effects on the environment caused by a proposed project, consideration of alternatives, and implementation of feasible mitigation measures to reduce those effects.
(2) The act is premised on transparency in decisionmaking through public dissemination of information about a proposed project’s effect on the environment.
(3) The act empowers the public to challenge a project in court for failure to fully comply with the act’s exhaustive disclosure and mitigation requirements.
(4) Various entities are increasingly using litigation pursuant to the act for competitive purposes to either frustrate a competitor’s project or to extract concessions from a project proponent.
(5) Despite the focus on transparency and public disclosure in the decisionmaking process, shadow groups funded by unknown backers often threaten and bring litigation challenging proposed projects without being required to disclose who is funding the litigation or what financial interests those entities have related to the proposed project.
(6) Project opponents sometimes strategically use litigation to delay a project past its point of economic viability, thereby using litigation to stop projects that could not otherwise be stopped during the decisionmaking process.
(7) California Rules of Court require the disclosure of entities that fund the preparation and submission of amicus briefs to the court.
(8) The state and public have a compelling interest in the disclosure of the identities of entities that fund litigation under the act so they can better understand the identities of those organizations participating in the public decisionmaking process, determine whether the petitioner or plaintiff may be suing for competitive or other nonenvironmental purposes, and protect scarce judicial resources by deterring entities from using lawsuits for competitive or other nonenvironmental purposes.
(9) The courts have a compelling interest in disclosure to determine whether the plaintiff or petitioner is seeking to advance environmental, nonenvironmental, or a mix of environmental and nonenvironmental interests in filing an action pursuant to the act.
(b) It is the intent of the Legislature to require plaintiffs and petitioners bringing an action pursuant to the act to disclose those persons or entities who make contributions to fund the preparation of the petition and subsequent actions or proceedings and any financial interests they may have related to the proposed project.
SEC. 2.
Section 21175 is added to the Public Resources Code, to read:
21175.
(a) In an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency on the grounds of noncompliance with this division, the plaintiff or petitioner shall include an affidavit identifying every person or entity who made a monetary contribution of one thousand dollars ($1,000) or more, or committed to contribute one thousand dollars ($1,000) or more, for the preparation of the petition and subsequent action or proceeding.
(b) The plaintiff or petitioner shall have a continuing obligation throughout the course of the proceeding to identify any person or entity that has made a single or multiple contributions or commitments, the sum of which is $1,000 or more, and that were intended to fund the action or proceeding.
(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.
(d) A plaintiff or petitioner may request the court’s permission to withhold the public disclosure of a contributor. The court may grant the request if it finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.
(e) A court may, upon its own motion or the motion of any party, take any action necessary to compel compliance with the requirements of this section, up to and including dismissal of the action or proceeding.
(f) An individual contributing funds to file an action or proceeding pursuant to this division in his or her individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of his or her personal information to an in-camera review by the court.
(g) The information disclosed pursuant to this section may be used to enable a court to determine whether the financial burden of private enforcement supports the award of attorneys’ fees in actions or proceedings brought to enforce this division.
SECTION 1.
Section 21001.1 of the
Public Resources Code
is amended to read:
21001.1.
The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that required of private projects required to be approved by public agencies.

Summary: The California Environmental Quality Act requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. Existing law declares the policy of the state that a project to be carried out by a public agency be subject to the same level of review and consideration under the act as that required of private projects required to be approved by public agencies. The act authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of the act. This bill would make a technical, nonsubstantive change to those provisions. This bill would require a plaintiff or petitioner, in an action brought pursuant to the act, to disclose the identity of a person or entity that contributes in excess of $1,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project or issues involved in the action of any person or entity that contributes in excess of $1,000 to the costs of the action, as specified. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court.

An act to
amend Section 21001.1 of
add Section 21175 to
the Public Resources Code, relating to environmental quality.


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

SECTION 1.
Part 1.87 (commencing with Section 34191.30) is added to Division 24 of the Health and Safety Code, to read:
PART 1.87. Affordable Housing Special Beneficiary District
34191.30
For purposes of this part, the following definitions shall apply:
(a) “Affordable housing” means a dwelling available for purchase or lease by persons and families who qualify as low or moderate income, as defined in Section 50093, very low income households, as defined in Section 50105, or extremely low income households, as defined in Section 50106.
(b) “Beneficiary district” is an affordable housing special beneficiary district established pursuant to this part that exists for a limited duration as a distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries.
(c) “Distributions of property tax revenues” means all property tax revenues a city or county would be entitled to receive pursuant to Part 1.85 (commencing with Section 34170).
34191.35.
(a) Commencing when a successor entity, including a designated local authority established pursuant to subdivision (d) of Section 34173, receives a finding of completion pursuant to Section 34179.7, there exists, within the same geographical boundaries of the jurisdiction of that successor entity, an affordable housing special beneficiary district.
(b) (1) A beneficiary district shall cease to exist on the earlier of the 90th calendar day after the date the Department of Finance approves a request to dissolve the successor entity pursuant to Section 34187, or the 20th anniversary of the date that the successor entity received a finding of completion pursuant to Section 34179.7. On and after the date a beneficiary district ceases to exist, the beneficiary district shall not have the authority to conduct any business, including, but not limited to, taking any action or making any payment, and any funds of the beneficiary district shall automatically transfer to the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that were thereafter directed to the beneficiary district.
(2) Notwithstanding Section 34191.40, the terms of the members of the board of a beneficiary district shall expire on the date the beneficiary district ceases to exist.
(3) Any legal right of the beneficiary district on or after the date the beneficiary district ceases to exist, including, but not limited to, the right to repayment pursuant to a loan made by the beneficiary district, is the right of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45 that was thereafter directed to the beneficiary district.
34191.40.
(a) A beneficiary district shall be governed by a board composed of the following five members:
(1) Three members of the city council, if a city formed the redevelopment agency, or three members of the board of supervisors, if a county formed the redevelopment agency. The three members shall be appointed by the city council or board of supervisors, as applicable.
(2) The treasurer of the city or county that formed the redevelopment agency.
(3) One member of the public who lives within the boundaries of the beneficiary district who is appointed by the city council or county board of supervisors of the city or county that formed the redevelopment agency.
(b) The board shall elect one of its members as the chairperson.
(c) Each member shall serve a term of four years from the date of his or her appointment. Vacancies on the board shall be filled by the appointing authority for a new four-year term. A member may be reappointed.
(d) Each member shall serve without compensation.
34191.45.
(a) Notwithstanding any other law, a city or county may by ordinance or resolution reject its distributions of property tax revenues that it would otherwise receive pursuant to Part 1.85 (commencing with Section 34170). Except as provided in subdivision (b) of Section 34191.35, on and after the date that a city or county rejects its distributions of property tax revenues, the city or county shall not have any claim to, or control over, the distributions of property tax revenues it may have otherwise received pursuant to Part 1.85 (commencing with Section 34170), and the county auditor-controller shall transfer all of the distributions of property tax revenues to the beneficiary district.
(b) This section shall not apply to any city, county, or city and county that formed a redevelopment agency if either of the following apply:
(1) The city, county, or city and county became the successor agency to the redevelopment agency and did not receive a finding of completion pursuant to Section 34179.7.
(2) The designated local authority of the redevelopment agency, formed pursuant to subdivision (d) of Section 34173, did not receive the finding of completion pursuant to Section 34179.7.
34191.50.
(a) A beneficiary district shall use any funds provided to it for the express purpose of promoting the development of affordable housing within its boundaries.
(b) A beneficiary district may promote the development of affordable housing by doing any of the following:
(1) Issuing bonds to be repaid from the distributions of property tax revenues directed to the beneficiary district.
(2) Providing financial assistance for the development of affordable housing, including, but not limited to, providing loans, grants, and other financial incentives and support.
(3) Taking other actions the board determines will promote the financing of the development of affordable housing within its boundaries.
(c) A beneficiary district shall not undertake any obligation that requires an action after the date it will cease to exist, including, but not limited to, issuing a bond that requires any repayment of the bond obligation after the date the beneficiary district will cease to exist.
34191.55.
(a) A beneficiary district shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(b) When a beneficiary district ceases to exist pursuant to subdivision (b) of Section 34191.35, a public record of the beneficiary district shall be the property of the city or county that rejected its distributions of property tax revenues pursuant to Section 34191.45.

Summary: Existing law requires, from February 1, 2012, to July 1, 2012, inclusive, and for each fiscal year thereafter, the county auditor-controller in each county to allocate property tax revenues in the county’s Redevelopment Property Tax Trust Fund, established to receive revenues equivalent to those that would have been allocated to former redevelopment agencies had those agencies not been dissolved, towards the payment of enforceable obligations and among entities that include, among others, a city, county, or city and county. This bill would authorize a city or county to reject its allocations of property tax revenues that it would otherwise receive pursuant to specified statutory provisions governing the dissolution of redevelopment agencies. The bill would except from this authorization a city, county, or city and county that became the successor agency to the redevelopment agency and did not receive a finding of completion from the Department of Finance, as specified, and any designated local authority of a redevelopment agency, formed as specified, that did not receive the finding of completion from the Department of Finance. The bill would direct those rejected distributions of property tax revenues to an affordable housing special beneficiary district, established as a temporary and distinct local governmental entity for the express purposes of receiving rejected distributions of property tax revenues and providing financing assistance to promote affordable housing within its boundaries. The bill would require a beneficiary district to be governed by a 5-member board and comply with specified open meeting and public record laws. The bill would automatically require a beneficiary district to cease to exist on a specifically calculated date and prohibit a beneficiary district from undertaking any obligation that requires its action past that date. The bill would transfer any funds and public records of a beneficiary district remaining after the date the beneficiary district ceases to exist to the city or county that rejected its distributions of property tax revenues that were thereafter directed to that beneficiary district, as specified.

An act to add Part 1.87 (commencing with Section 34191.30) to Division 24 of the Health and Safety Code, relating to local government.


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

SECTION 1.
Section 56804 of the Government Code is amended to read:
56804.
For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. This analysis shall become part of the report required pursuant to Section 56665. Data used for the analysis shall be from the most recent fiscal year for which data is available, preceding the issuances of the certificate of filing. When data requested by the executive officer in the notice to affected agencies, pursuant to paragraph (2) of subdivision (b) of Section 56658, is unavailable, the analysis shall document the source and methodology of the data used. The analysis shall review and document each of the following:
(a) The direct and indirect costs incurred by the city proposed for disincorporation for providing public services during the three fiscal years immediately preceding the submittal of the proposal for disincorporation.
(b) The direct and indirect costs incurred by the city proposed for disincorporation for current and proposed capital improvements, facilities, assets, and infrastructure.
(c) The sources of funding, if any, available to the entities proposed to assume the obligations of the city proposed for disincorporation.
(d) The anticipated costs, including all direct and indirect costs, to the entities proposed to assume the obligations of the city proposed for disincorporation in the provision of services to the area proposed for disincorporation.
(e) When determining costs, the executive officer shall also include all direct and indirect costs of any public services that are proposed to be transferred to state agencies for delivery.
(f) The revenues of the city proposed for disincorporation during the three fiscal years immediately preceding the initiation of the disincorporation proposal.
(g) All current and long-term liabilities, including, but not limited to, debt obligations, of the city proposed for disincorporation, including the balance of the restricted and unrestricted funds available to extinguish the obligations and liabilities.
(h) The potential financing mechanism or mechanisms to address any shortfalls and obligations for those responsibilities identified in this section, including, but not limited to, taxes or assessments.
(i) Any other information and analysis needed to make the findings required by Section 56770.
SEC. 2.
Section 56816 of the Government Code is amended to read:
56816.
(a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated shall be the responsibility of that same territory for repayment. To ascertain this information, the city shall provide a written statement that determines and certifies all of the following to the commission prior to the issuance of a certificate of filing for a disincorporation proposal, pursuant to Sections 56651 and 56658:
(1) The indebtedness of the city.
(2) The amount of money in the city’s treasury.
(3) The amount of any tax levy, assessment, or other obligation due to the city that is unpaid or has not been collected.
(4) The amount of current and future liabilities, both internal debt owed to other special or restricted funds or enterprise funds within the agency and external debt owed to other public agencies or outside lenders or that results from contractual obligations, which may include contracts for goods or services, retirement obligations, actuarially determined unfunded pension liability of all classes in a public retirement system, including any documentation related to the termination of public retirement contract provisions, and the liability for other postemployment benefits. The information required by this paragraph shall include any associated revenue stream for financing that may be or has been committed to that liability, including employee contributions.
(b) The city shall provide a written statement identifying the successor agency to the city’s former redevelopment agency, if any, pursuant to Section 34173 of the Health and Safety Code.
SEC. 3.
Section 57405 of the Government Code is amended to read:
57405.
If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city.
SEC. 4.
Section 57412 of the Government Code is amended to read:
57412.
The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer.
SEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, requires the executive officer of a local agency formation commission to prepare a comprehensive fiscal analysis for any proposal that includes a disincorporation, as specified. Existing law requires the comprehensive fiscal analysis to include, among other things, a review and documentation of specified costs associated with the proposed disincorporation. This bill would additionally require the comprehensive fiscal analysis to include a review and documentation of all current and long-term liabilities of the city proposed for disincorporation and the potential financing mechanism or mechanisms to address any identified shortfalls and obligations, as specified. The act states the intent of the Legislature that a proposal that includes a disincorporation of a city result in a determination that the debt or contractual obligations and responsibilities of the city being disincorporated be the responsibility of the same territory for repayment. To ascertain this information, the act requires the city being disincorporated to provide a written statement that includes specified information relating to its debts and contractual obligations. This bill would additionally require that statement to include the amount of any assessment due the city that is unpaid or uncollected. The act requires the county tax collector to collect a tax that has been levied by the disincorporated city that remains uncollected. This bill would additionally require the county tax collector to collect an assessment that has been levied by the disincorporated city that remains uncollected. By imposing new duties on local officials, this bill would impose a state-mandated local program. The act requires the board of supervisors to provide for the collection of debts due to a city being disincorporated and to wind up its affairs, as specified. This bill would instead require the governing board of the successor to provide for the collection of debts due to the city and to wind up its affairs, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Sections 56804, 56816, 57405, and 57412 of the Government Code, relating to local government.


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

SECTION 1.
Chapter 2.3 (commencing with Section 18890) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  2.3. Online Child Care Job Posting Services
18890.
For the purposes of this chapter, the following definitions apply:
(a) “Online child care job posting service” means any person or business that provides or offers to provide child care providers.
(b) “Background check service provider” means any person or business that provides or offers to provide background check services.
18890.2.
(a) (1) An online child care job posting service that provides online information about potential child care providers who are not required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:

“Trustline is California’s official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1–800–822–8490.”

(2) An online child care job posting service that provides online information in California about potential child care providers who are required to be licensed in California shall include the following statement on its Internet Web site in California, which shall be accessible no more than one click away from the providers’ profile:

“Pursuant to Section 1596.859 of the Health and Safety Code, parents have the right to receive information regarding any substantiated or inconclusive complaint about licensed child care providers. That information is public and can be acquired by visiting the California Department of Social Services’ Internet Web site at “www.ccld.ca.gov.””

(b) If the online child care job posting service provides access to a background check for the child care providers listed on its Internet Web site in California, it shall provide, by means of a one-click link on each California child care provider profile for which background checks are offered, the written description of the background check provided to it, as described in subdivision (c).
(c) Background check service providers that provide background checks for online child care job posting services in California shall provide to the online child care job posting services a written description of the background checks conducted that includes at a minimum:
(1) A detailed description of what is included in the background check.
(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable:
(A) The source of the data, the name of the database used, and a brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data included.
(C) How often the information is updated.
(D) How the databases are checked (by name, social security number, fingerprints, etc.).
(E) A list of the counties for which no data is available.
18890.4.
(a) An online child care job posting service or background check service provider that fails to comply with the requirements of this chapter may be liable for a civil penalty of one thousand dollars ($1,000) for each offense. The Attorney General, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following:
(1) Providing the online job posting service or background check service provider with reasonable notice of noncompliance. The notice shall inform the online job posting service or background check service provider that it will be subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the online job posting service or background check service provider.
(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).
(b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
18890.6.
(a) In addition to the authority granted to the Attorney General, a city attorney, or a county counsel in Section 18890.4, an individual damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against an online child care job posting service or background check service provider for damages, including, but not limited to, general damages, special damages, and punitive damages.
(b) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(c) The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.

Summary: Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who are not required to be licensed, but who have undergone criminal background checks. These license-exempt providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate these funds, upon appropriation by the Legislature, for purposes that include, among other things, technical assistance, orientation, training, and education of child day care facility providers. This bill would require an online child care job posting service providing online information about nonlicensed potential child care providers to include a specified statement regarding the trustline registry on its Internet Web site in California. The bill would also require an online child care job posting service providing online information about licensed potential child care providers to include a statement regarding a parent’s right to specified complaint information on its Internet Web site in California. If an online child care job posting service provides access to a background check, the bill would require the service to include, on its Internet Web site in California, a written description of the background check provided by the background check service provider. The bill would make a background check service provider responsible for providing the online child care job posting service with certain information. The bill would authorize an online child care job posting service or background check service provider to be liable for a civil penalty for failing to comply with these requirements and would authorize the Attorney General, a city attorney, or a county counsel to bring such an action if certain requirements are met. The bill would also authorize an individual damaged by willful violation of these provisions to bring a civil cause of action for damages, as provided.

An act to add Chapter 2.3 (commencing with Section 18890) to Division 8 of the Business and Professions Code, relating to business.