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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of streets, highways, sidewalks, walkways, public buildings, medical facilities, public facilities, and other public places.
(b)
Existing law prescribes a process for bringing an action to remedy issues of accessibility and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages.
(c)
Legislation enacted in 2012 requires an attorney to provide a written advisory with each demand letter or complaint to a defendant or potential defendant for any construction-related accessibility claim. Certain basic review requirements are also required prior to sending a demand letter. This legislation did not and does not apply to public facilities.
(d)
It is the mission of community colleges and school districts to provide quality educational programs and services that address the diverse needs of students and communities throughout the state.
(e)
California’s community colleges place a heavy importance on providing quality educational facilities that are accessible to all members of the community.
(f)
Community colleges and local educational agencies, as well as other public agencies, are subject to design and construction oversight by the Division of the State Architect. The Division of the State Architect evaluates compliance with building code and Education Code requirements for accessibility, structural safety, and fire and life safety on new construction projects and on modernization projects.
(g)
As part of its responsibilities, the Division of the State Architect performs a project closeout to determine that the project complies with codes and regulations governing school construction, including accessibility. This process examines facilities for specific requirements before, during, and after construction to ensure any outstanding issues have been resolved. At the end of construction, the Division of the State Architect issues a closeout letter for the project that indicates compliance with applicable rules and regulations.
(h)
In light of the participation of the Division of the State Architect in the design and construction of facilities of community colleges and local educational agencies, it is appropriate that these facilities receive additional protections already extended to private defendants in construction-accessibility actions.
SECTION 1.
SEC. 2.
Section 54.26 is added to the Civil Code, to read:
54.26.
(a) For any action commenced on or after January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, the following shall apply:
(1) New construction or alteration of a structure conducted by a public entity on or before September 15, 2010, that complies with the 1991 ADA Standards for Accessible Design or the Uniform Federal Accessibility Standards are deemed not in violation of this part.
(2) New construction or alteration of a structure conducted by a public entity on or after September 15, 2010, and before March 15, 2012, that complies with either the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part.
(3) New construction or alteration of a structure conducted by a public entity on or after March 15, 2012, that complies with the 2010 ADA Standards for Accessible Design or the applicable code in place at the time of construction or alteration are deemed not in violation of this part.
(4) Elements in existing facilities of a public entity that have not been altered on or before March 15, 2012, that comply with the 1991 ADA Standards for Accessible Design or 2010 ADA Standards for Accessible Design are deemed not in violation of this part.
(b) A public entity’s possession of a closeout letter from the State Architect certifying that the public buildings, public facilities, and other public places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act shall serve as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act.
SEC. 2.
SEC. 3.
Section 55.52 of the Civil Code is amended to read:
55.52.
(a) For purposes of this part, the following definitions apply:
(1) “Construction-related accessibility claim” means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, based wholly or in part on an alleged violation of any construction-related accessibility standard, as defined in paragraph (6).
(2) “Application for stay and early evaluation conference” means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55.54.
(3) “Certified access specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5 of the Government Code.
(4) “Meets applicable standards” means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55.53. A site that is “CASp inspected” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site “meets applicable standards.”
(5) “Inspected by a CASp” means the site was inspected by a CASp and is pending a determination by the CASp that the site meets applicable construction-related accessibility standards pursuant to paragraph (2) of subdivision (a) of Section 55.53. A site that is “CASp determination pending” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site was “inspected by a CASp.”
(6) “Construction-related accessibility standard” means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54.1, or 55 of this code, Section 19955.5 of the Health and Safety Code, the California Building Standards Code (Title 24 of the California Code of Regulations), the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations).
(7) (A) “Place of public accommodation” has the same meaning as “public accommodation,” as set forth in Section 12181(7) of Title 42 of the United States Code and the federal regulations adopted pursuant to that section.
(B) For any action commenced on or after that January 1, 2016, or for an action commenced prior to that date for which a final judgment has not been entered, “place of public accommodation” also means public buildings, public facilities, and other public places of
an educational institution of
a public entity as defined in Section 12131(1) of Title 42 of the United States Code and any related federal regulations.
(8) “Qualified defendant” means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of “meets applicable standards” or “inspected by a CASp” prior to the date the defendant was served with the summons and complaint in that action. To be a qualified defendant, the defendant is not required to have been the party who hired any CASp, so long as the basis of the alleged liability of the defendant is a construction-related accessibility claim. To determine whether a defendant is a qualified defendant, the court need not make a finding that the place of public accommodation complies with all applicable construction-related accessibility standards as a matter of law. The court need only determine that the place of public accommodation has a status of “meets applicable standards” or “inspected by a CASp.”
(9) “Site” means a place of public accommodation.
(b) Unless otherwise indicated, terms used in this part relating to civil procedure have the same meanings that those terms have in the Code of Civil Procedure.

Summary: Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law prescribes a process for prosecuting an action in this regard and provides that a person aggrieved or potentially aggrieved by a violation of these rights may bring an action for damages and that a prevailing party is entitled to recover reasonable attorney’s fees. This bill would except from the application of these provisions public buildings, public facilities, and other public places of a public entity that, on specified dates, met specified disability access design standards. The bill would provide that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places to which the letter applies meet the applicable building and construction-related accessibility standards of the federal Americans with Disabilities Act serves as presumptive evidence that the public buildings, facilities, and places are in compliance with this part and the federal Americans with Disabilities Act. Existing law prescribes a process in certain construction-related accessibility claims against a place of public accommodation. This process permits statutory damages to be awarded against a place of public accommodation only if the violation denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. This process also reduces a defendant’s minimum statutory damage liability to $1,000 if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and other select conditions are met. This bill would apply the process described above to an action commenced on or after that January 1, 2016, or an action commenced prior to that date for which a final judgment has not been entered, to public buildings, public facilities, and other public places of an educational institution of a public entity by revising the definition of a place of public accommodation.

An act to amend Section 55.52 of, and to add Section 54.26 to, the Civil Code, relating to civil rights.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Harmful blooms of algae in the waters of the state, including, but not limited to, coastal lakes, estuaries, rivers and streams, wetlands, and inland lakes and reservoirs, represent a threat to water supplies, human health, endangered wildlife, and recreational activities.
(b) Degradation of watersheds, nutrient loading, increased water diversions, and climate change have been linked to the global expansion of harmful algal blooms, with high toxin production noted regularly in lakes, rivers, and other waters of the state.
(c) The state’s waters are especially prone to harmful algal blooms due to our warm climate, numerous water diversions, and stressed waterways.
(d) Harmful algae can produce potent hepatotoxins and neurotoxins, collectively referred to as cyanotoxins. Microcystins are the most commonly found cyanotoxin in the state’s impacted waters. Other cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are also present in California’s waters, but, at present, little is known about them.
(e) Cyanotoxins are poisonous to humans, pets, livestock, birds, and other wildlife via ingestion, inhalation, or skin exposure. A single dose of microcystin can cause prolonged toxicity by cycling repeatedly between the liver and intestines.
(f) Harmful algal blooms of microcystins are occurring in waters throughout California, and are threatening our water supply and health. Areas with recurrent and worsening cyanotoxin pollution include the Klamath and Sacramento Rivers, the Sacramento and San Joaquin Rivers (from the Sacramento Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate Reservoir, and three segments of the Klamath River have been listed as impaired due to cyanobacteria. Bird deaths attributed to microcystins have also been reported from the Salton Sea.
(g) A harmful algal bloom in the Pacific Ocean is currently threatening the harvest of Dungeness crabs, an important and lucrative state industry. The algal bloom could affect the Dungeness crab population in the ports of Crescent City, Trinity, Eureka, Fort Bragg, Bodega Bay, San Francisco, Half Moon Bay, and Morro Bay.
(h) The Pinto Lake watershed is being evaluated for total maximum daily load (TMDL) regulation for microcystin, and was considered for remediation as an Environmental Protection Agency “superfund” site.
(i) California’s southern sea otters, a state and federally listed threatened species, have died from microcystin poisoning. The source of sea otter exposure appears to be microcystin-contaminated freshwater runoff and possibly contaminated prey species.
(j) Sea otters and humans eat some of the same marine foods that can concentrate microcystin in body tissues; hence, food safety is a public health concern. Freshwater and marine fish and shellfish have not been routinely tested for cyanotoxins in California and limited diagnostic testing is available.
(k) The state needs a coordinated multiagency effort to develop actions and projects that will prevent or mitigate toxic blooms and associated cyanotoxin pollution.
SEC. 2.
Chapter 10 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read:
CHAPTER  10. Safe Water and Wildlife Protection Act of 2016
31420.
This chapter shall be known, and may be cited, as the Safe Water and Wildlife Protection Act of 2016.
31421.
For purposes of this chapter, the following terms have the following meanings:
(a) “Board” means the State Water Resources Control Board.
(b) “Task force” means the Harmful Algal Bloom Task Force created pursuant to Section 31422.
(c) “Waters of the state” means any surface waters in the state, including, but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters.
31422.
(a) The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, the conservancy, and other relevant agency representatives, to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter.
(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
31423.
The functions and duties of the task force include all of the following:
(a) Assess and prioritize the actions and research necessary to develop measures that prevent or sustainably mitigate toxic algal blooms in the waters of the state. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality.
(b) Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following:
(1) Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state.
(2) Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution.
(c) Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms.
(d) Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency on or before January 1, 2019. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time.
(e) Organize meetings and workshops of experts and stakeholders as needed to implement this section.
(f) Before providing funding recommendations pursuant to subdivision (c), or submitting a summary of findings pursuant to subdivision (d), the task force shall establish a notification procedure and publish notices to inform the public about ongoing activities, and provide opportunities for public review and comment on applied research, projects, and programs solicited pursuant to subdivision (b).
(g) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
31424.
The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423.
SECTION 1.
Section 510.5 is added to the
Labor Code
, to read:
510.5.
(a)There shall be a rebuttable presumption that an employee is exempt from Section 510 if the employee earns total gross annual compensation of at least one hundred thousand dollars ($100,000) and also customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders.
(b)(1)“Total gross annual compensation” shall include at least one thousand dollars ($1,000) per week paid on a salary or fee basis. Total gross annual compensation may also include commissions, nondiscretionary bonuses, and other nondiscretionary compensation earned during a 52-week period. Total gross annual compensation does not include board, lodging, and other facilities, and does not include payments for medical insurance, paymentsod as the year, such as a calendar year, a fiscal year, or an anniversary of hire year. If the employer does not identify some other year period in advance, the calendar year will apply.
(c)The presumption created under subdivision (a) shall be rebutted only by evidence of one or more of the following:
(1)The employee did not earn total gross annual compensation of at least one hundred thousand dollars ($100,000).
(2)The employee did not earn at least one thousand dollars ($1,000) per week paid on a salary or fee basis.
(3)The employee did not customarily and regularly perform at least one exempt duty or responsibility of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders.
(d)This section applies only to employees whose primary duty includes performing office or nonmanual work.
(e)(1)This section does not apply to nonmanagement production-line workers and nonmanagement employees in maintenance, construction, and similar occupations, such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, laborers, and other employees who perform work involving repetitive operations with their hands, physical skill, and energy, regardless of the amount of their compensation.
(2)This section does not apply to an employee covered under a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, including premium wage rates for all overtime hours worked.

Summary: Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. This bill would enact the Safe Water and Wildlife Protection Act of 2016, which would require the State Water Resources Control Board, until January 1, 2020, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2019. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, including overtime payment. Under existing law, a person who violates the provisions regulating work hours is guilty of a misdemeanor. This bill would establish a rebuttable presumption that an employee is exempt from overtime pay if the employee earns total gross annual compensation of at least $100,000 and regularly performs any of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. This bill, to rebut the presumption, would require evidence that the employee did not earn total gross annual compensation of at least $100,000, that the employee did not earn at least $1,000 per week, as specified, or that the employee did not regularly perform at least one exempt duty of an executive, administrative, or professional employee. This bill would only apply to an employee whose primary duty includes office or nonmanual work, as described.

An act to add
Section 510.5 to the Labor Code, relating to
employment
Chapter 10 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal wildlife protection
.


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

SECTION 1.
Part 53 (commencing with Section 87700) is added to Division 7 of Title 3 of the Education Code, to read:
PART 53. Community College Career Technical Education Bond Act
Article  1. Title
87700.
This part shall be known, and may be cited, as the Community College Career Technical Education Bond Act.
Article  2. Definitions
87701.
As used in this part, the following terms have the following meanings:
(a) “Committee” means the Community College Career Technical Education Bond Act Finance Committee created pursuant to Section 87721.
(b) “Fund” means the Community College Career Technical Education Bond Fund created pursuant to Section 87705.
Article  3. Community College Career Technical Education Bond Fund
87705.
The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Community College Career Technical Education Bond Fund, which is hereby created in the State Treasury.
87706.
The Chancellor of the California Community Colleges may issue grants from the fund for the limited purpose of buying and maintaining career technical education facilities and equipment to regions in the state that do both of the following:
(a) Establish a need for career technical education equipment and facilities in order to meet a local employment need.
(b) Within the region, establish community colleges that specialize in various types of career technical education, including, but not limited to, health-related industries, automotive and transportation industries, information technology industries, entertainment and culinary arts, and performing art technology.
87707.
Nothing in this article shall prevent a community college from charging tuition and fees commensurate with the costs of providing career technical education. Moneys from the fund shall supplement and not supplant moneys received from charging tuition and fees.
Article  4. Fiscal Provisions
87720.
(a) Bonds in the total amount of five hundred million dollars ($500,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds issued in accordance with Section 87726 may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable.
(b) The Treasurer shall sell the bonds authorized by the committee pursuant to this section. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
87720.5.
The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part, except subdivisions (a) and (b) of Section 16727 of the Government Code.
87721.
(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) of the bonds authorized by this part, the Community College Career Technical Education Bond Act Finance Committee is hereby created. For purposes of this part, the Community College Career Technical Education Bond Act Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law.
(b) The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, and the Chancellor of the California Community Colleges. Notwithstanding any other provision of law, any member may designate a representative to act as that member in his or her place for all purposes, as though the member were personally present.
(c) The Chancellor of the California Community Colleges shall serve as chairperson of the committee.
(d) A majority of the committee may act for the committee.
87721.5.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in this part and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.
87722.
For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Chancellor of the California Community Colleges.
87722.5.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.
87723.
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out the provisions of Section 87724.5, appropriated without regard to fiscal years.
87723.5.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purpose of carrying out this part less any amount withdrawn pursuant to Section 87724.5. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this part. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this part.
87724.
Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
87724.5.
For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this part less any amount borrowed pursuant to Section 87723.5. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this part.
87725.
All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this part shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.
87725.5.
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be shared proportionately by each program funded through this part by the applicable bond sale.
87726.
The bonds issued and sold pursuant to this part may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this part shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this part or any previously issued refunding bonds.
87726.5.
The proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B and Section 8 of Article XVI of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by Article XIII B of the California Constitution.
SEC. 2.
Section 1 of this act shall take effect upon the approval by the voters of the Community College Career Technical Education Bond Act, as set forth in that section, which shall be submitted to the voters at the November 8, 2016, statewide general election.

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. This bill would enact the Community College Career Technical Education Bond Act, which, if adopted by the voters at the November 8, 2016, statewide general election, would authorize the issuance of bonds in amount of $500,000,000 pursuant to the State General Obligation Bond Law to finance a community college career technical education bond program.

An act to add Part 53 (commencing with Section 88700) to Division 7 of Title 3 of the Education Code, relating to financing community college career technical education facilities and equipment, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California’s climate is changing, posing an escalated threat to public health, the environment, the economy, and public and private property in the state. The increasing frequency of extreme weather events, including floods and heat waves, fires, rising sea levels, and changes in hydrology, including diminishing snowpacks and more frequent droughts, among other climate change impacts, will affect every part of residents’ lives in the next century and beyond. Planning appropriately for these impacts will help us be better prepared for the future.
(b) The impacts of climate change, including longer droughts, extended floods, prolonged fire seasons with larger and more intense fires, heat waves, and sea level rise, are already creating challenges for public health and safety and causing destructive property damage.
(c) Climate change poses a threat not just to the lives and health of residents but also to the state’s economy and to the financial health of our local governments.
(d) According to the Natural Resources Agency’s report, “Safeguarding California: Reducing Climate Risk,” state-of-the-art modeling shows that a single extreme winter storm in California could cost on the order of $725,000,000,000, including total direct property losses of nearly $400,000,000,000 and devastating impacts to residents, the economy, and natural resources.
(e) Adapting to climate change, in addition to reducing the impacts of climate change on California’s natural resources and infrastructure, is essential to protecting the state’s environment and economy over time and will require coordination across all state departments and agencies.
(f) Given the potential impacts and the long-term nature of effective planning, California needs to take action now.
SEC. 2.
Part 3.7 (commencing with Section 71150) is added to Division 34 of the Public Resources Code, to read:
PART 3.7. Climate Change and Climate Adaptation
71150.
For purposes of this part, the following terms have the following meanings:
(a) “Agency” means the Natural Resources Agency.
(b) “Council” means the Strategic Growth Council.
(c) “Plan” means the Safeguarding California Plan.
71152.
It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change by ensuring all state departments and agencies prepare for and are ready to respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level rise, and drought. It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on people, places, and water and that actions taken to address climate adaptation should be consistent with the plan.
71153.
(a) By July 1, 2017, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following:
(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors:
(A) Water.
(B) Energy.
(C) Transportation.
(D) Public health.
(E) Agriculture.
(F) Emergency services.
(G) Forestry.
(H) Biodiversity and habitat.
(I) Ocean and coastal resources.
(2) Priority actions needed to reduce risks in those sectors, as identified by the lead agency or group of agencies.
(b) By January 1, 2017, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California.
(c) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan.
71154.
To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, the following objectives:
(a) Educating the public about the consequences of climate change, such as sea-level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.
(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.
(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation.
(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that utilizes existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals.
(3) For purposes of this subdivision, “natural infrastructure” means the preservation or restoration of ecological systems or the utilization of engineered systems that use ecological processes to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but need not be limited to, flood plain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.
(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.
(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and the public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.
(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.
(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.
(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.
SEC. 3.
Section 75125 of the Public Resources Code is amended to read:
75125.
The council shall do all of the following:
(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code.
(b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities.
(d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following:
(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant to this article.
(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129.
(e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded project.
(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.

Summary: Existing law establishes the Natural Resources Agency, comprised of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state’s natural and cultural resources. Existing law establishes the Strategic Growth Council in state government and assigns to the council certain duties, including providing, funding, and distributing data and information to local governments and regional agencies that will assist in the development and planning of sustainable communities. This bill would require the agency, by July 1, 2017, and every 3 years thereafter, to update the state’s climate adaptation strategy, as provided. The bill would require the agency, by January 1, 2017, and every 3 years thereafter, to release a draft climate adaptation strategy, as provided. The bill would require state agencies to maximize specified objectives, including, among others, promoting the use of the climate adaptation strategy to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, as defined, when developing physical infrastructure to address adaptation. This bill also would expand the duties of the council to include identifying and reviewing the activities and funding programs of all state agencies, instead of only the state agencies that are members of the council, to coordinate specified state objectives, including, among others, meeting the goals of the state’s climate adaptation strategy.

An act to amend Section 75125 of, and to add Part 3.7 (commencing with Section 71150) to Division 34 of, the Public Resources Code, relating to climate change.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) California is home to a large number of military personnel, including 150,000 active duty personnel.
(2) Military families are a unique population with unique circumstances. The children of military families face constant transition, including family mobility and parental deployment.
(3) Military families move more than twice as often as civilian families. Forty percent of officers and 60 percent of enlisted personnel move during the school year. Thus, the lower the rank of the military family member, the more often the family moves.
(4) During a time of war, military families endure the strains of long-term separation as one or both parents may be deployed overseas.
(5) During parental deployment children are often anxious, stressed, and confused. Child care providers and preschools can be places where stability and routine can provide security. The routine helps to cushion the impact of parental deployment.
(6) Early education can be a determining factor in the early academic success of a pupil from a military family by providing educational enrichment, as well as a stable and nurturing learning environment.
(b) Given these special circumstances, it is the intent of the Legislature in enacting this act to ensure that military families have access to the child care development services that their children need.
SEC. 2.
Section 8209.5 is added to the Education Code, to read:
8209.5.
(a) For purposes of determining eligibility for services offered pursuant to this chapter, the income of an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military shall not include the amount of the basic allowance for housing pursuant to Section 403 of Title 37 of the United States Code provided to the individual that is equal to the lowest rate of the allowance for the military housing area in which the individual resides.
(b) This section does not affect the priorities for federal and state subsidized child development services established pursuant to subdivision (b) of Section 8263.
SECTION 1.
Section 35035.5 is added to the
Education Code
, to read:
35035.5.
(a)The superintendent of a school district shall not transfer or assign a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90 percent of the average effective teaching experience factor in the school district for schools of the same type.
(b)The applicable effective teaching experience factor shall be determined by months, subject to the following conditions:
(1)The maximum number of months that may be counted for a single certificated employee is 60 months.
(2)At the discretion of the governing board of the school district, a certificated instructional employee with the highest rating on a multiple positive-rating level performance scale may be counted for up to 60 months, regardless of his or her length of service in the school district.
(3)Months during an evaluation cycle in which a probationary or permanent certificated instructional employee received a final evaluation rating of unsatisfactory shall not be counted.
(4)Months during which a certificated employee was assigned primarily noninstructional duties shall not be counted.
(c)Notwithstanding any other law, the state board shall waive any part of this section or any regulation adopted by the state board that implements this section upon the request of the governing board of a school district if the governing board of the school district does all of the following:
(1)Demonstrates, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, there is a critical shortage for certificated employees with such a credential in the local labor market, and the placement would enable the schoolsite to achieve its stated goals on behalf of all pupils, including identified subgroups, as identified for that schoolsite in the school district’s local control and accountability plan adopted pursuant to Section 52060.
(2)Provides written documentation that the exclusive representative of certificated employees has been consulted.
(3)Provides written documentation that the principal of the schoolsite has approved of the proposed transfer or assignment, and is aware of the related staff development, mentoring, and evaluation workload the transfer or assignment would necessitate.
(d)The prohibition in this section applies to the exercise of authority by any administrator or other certificated school employee responsible for certificated employee assignment decisions, notwithstanding subdivision (e) or (f) of Section 35035.
SEC. 2.
Section 37037 is added to the
Education Code
, to read:
37037.
(a)A pupil shall not knowingly be assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 or all of the following conditions are met:
(1)The teacher of record is receiving the assistance required by subdivision (b) of Section 44664 and is being supported with the assistance and guidance of a certificated employee who possesses a valid certification for the same level and type of credential required for the subject matter and grade level being taught.
(2)The effective teaching experience factor calculated pursuant to Section 35035.5 of the employee providing assistance and guidance is not less than the average effective teaching experience factor in the school district for schools of the same type.
(3)The employee providing assistance and guidance to the teacher of record has not received an unsatisfactory performance rating in the three most recent evaluation cycles.
(b)Any provision of this section may be waived on an individual basis by a vote of the local governing board of the school district if a parent or guardian of a pupil has been notified in writing in the home language of the pupil and the parent or guardian has approved the submission of the waiver request in writing before the proposed assignment.
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: The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. This bill would exclude from income the amount of the basic allowance for housing provided to an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military that is equal to the lowest rate of the allowance for the military housing area in which the individual resides for purposes of determining eligibility for child care and development services. Existing law requires the superintendent of each school district to assign employees employed in positions requiring certification qualifications to positions in which they are to serve, subject to the approval of the governing board of the school district, and authorizes the superintendent of each school district to transfer teachers consistent with the adopted school district policy concerning transfer of teachers from one school to another school within the school district. Existing law requires each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil academic progress, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. This bill would prohibit the superintendent of a school district from transferring or assigning a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90 of the average effective teaching experience factor in the school district for schools of the same type, as specified. Notwithstanding that provision, the bill would require the State Board of Education to waive the prohibition upon the request of the governing board of a school district if the governing board of the school district meets certain conditions, including, among others, demonstrating, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, and there is a critical shortage for certificated employees with such a credential in the local labor market. The bill also would prohibit a pupil from being knowingly assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program or other specified conditions are met. The bill would authorize the governing board of a school district to waive the prohibition on an individual basis, as provided. To the extent this bill would impose additional duties on school districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 Sections 35035.5 and 35037 to the Education Code, relating to teachers.
An act to add Section 8209.5 to the Education Code, relating to early childhood education.


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

SECTION 1.
Chapter 5.9 (commencing with Section 13849) is added to Title 6 of Part 4 of the Penal Code, to read:
CHAPTER  5.9. California High Technology Crimes Task Force
13849.
(a) The California High Technology Crimes Task Force is hereby established. The task force shall do all of the following:
(1) Analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address identity theft, Internet crimes, and credit card fraud.
(2) Collect and organize data on the nature an extent of identity theft, Internet crimes, and credit card fraud.
(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of identity theft, Internet crimes, and credit card fraud.
(4) Measure and evaluate the progress of the state in preventing and prosecuting identity theft, Internet crimes, and credit card fraud, and protecting and providing assistance to victims of those crimes.
(5) Evaluate approaches to increase public awareness of preventing identity theft, Internet crimes, and credit card fraud.
(6) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute identity theft, Internet crimes, and credit card fraud, and to assist victims of those crimes.
(b) The task force shall consist of the following members:
(1) A designee of the California District Attorneys Association.
(2) A designee of the California State Sheriffs’ Association.
(3) A designee of the California Police Chiefs Association.
(4) A designee of the Department of the California Highway Patrol.
(5) A designee of the Federal Bureau of Investigation.
(6) A designee of the Attorney General.
(7) A representative of the California cellular telephone industry.
(8) A representative of the California Internet industry.
(9) A representative of the California cable industry.
(10) A representative of the California movie industry.
(11) A representative of the California banking industry.
(c) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2017.
SECTION 1.
Section 7470 of the
Government Code
is amended to read:
7470.
(a)Except as provided in Section 7480, an officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not an investigation is being conducted pursuant to formal judicial or administrative proceedings, shall not request or receive copies of, or the information contained in, the financial records of a customer from a financial institution unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to the request and any of the following apply:
(1)The customer has authorized disclosure to such officer, employee or agent of such state or local agency or department thereof in accordance with Section 7473.
(2)The financial records are disclosed in response to an administrative subpoena or summons that meets the requirements of Section 7474.
(3)The financial records are disclosed in response to a search warrant that meets the requirements of Section 7475.
(4)The financial records are disclosed in response to a judicial subpoena or subpoena duces tecum that meets the requirements of Section 7476.
(b)Nothing in this section or in Sections 7473, 7474, 7475, and 7476 shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein, provided only that the customer authorization, administrative subpoena or summons, search warrant, or judicial subpoena or order served on or delivered to a financial institution pursuant to these sections shows compliance on its face.
(c)The financial institution shall maintain for a period of five years a record of all examinations or disclosures of the financial records of a customer pursuant to this chapter, including the identity of the person examining the financial records, the state or local agency or department thereof that he or she represents, and a copy of the customer authorization, subpoena, summons or search warrant providing for the examination or disclosure or a copy of the certification received pursuant to subdivision (b) of Section 7480. A record maintained pursuant to this subdivision shall be available, within five days of request, during normal business hours for review by the customer at the office or branch where the customer’s account was located when examined or disclosed. A copy of the record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
(d)Except as provided in Section 7480, this section is not intended to preclude a state or local law enforcement agency from initiating contact with a financial institution if there is reason to believe that the institution is a victim of a crime. After this contact by a law enforcement agency, if the financial institution believes it is a victim of a crime, it may, in its discretion, disclose relevant financial records pursuant to subdivision (c) of Section 7471.

Summary: Existing law establishes various crime task forces, and establishes the High Technology Theft Apprehension and Prosecution Program, which is a program to provide financial and technical assistance to law enforcement and district attorney agencies relative to specified high technology crimes. This bill would establish the California High Technology Crimes Task Force to, among other tasks, analyze existing statutes for adequacy in addressing identity theft, Internet crimes, and credit card fraud, develop recommendations to prevent and prosecute those crimes, and identify funding sources for those purposes and to assist victims of those crimes. The bill would require the task force to report to the Legislature on those matters on or before December 31, 2017. Existing law generally prohibits an officer, employee, or agent of a state or local agency, in connection with a civil or criminal investigation, from requesting or receiving copies of, or the information contained in, the financial records of a customer from a financial institution unless the records are described with particularity, consistent with the scope and requirements of the investigation, and other conditions are met. This bill would make technical, nonsubstantive changes to these provisions.

An act to
amend Section 7470 of the Government Code, relating to governmental investigations.
add Chapter 5.9 (commencing with Section 13849) to Title 6 of Part 4 of the Penal Code, relating to crime.


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

SECTION 1.
Section 33039 of the Education Code is amended to read:
33039.
The
State Board of Education
state board
shall develop guidelines
which
that
school districts may use in the development of teacher evaluation procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 1 of Part 25 of Division 3 of this title, and shall distribute
such
the
guidelines to every school district.
The development of these guidelines shall comply with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 2.
Article 14 (commencing with Section 44672) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:
Article  14. Common Evaluation System Provisions
44672.
If applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used in this chapter for purposes of evaluating and assessing certificated employee performance may include, but shall not be limited to, any of the following sources:
(a) State-adopted formative and summative criterion referenced assessments.
(b) School district, school, or department-developed assessments.
(c) Curriculum-based and end-of-course assessments.
(d) Pretest and posttest data.
(e) Interim, periodic, benchmark, and formative assessments.
(f) English language proficiency assessments.
(g) Assessments measuring progress in an individualized education program.
(h) Advance placement, international baccalaureate, and college preparedness examinations.
(i) A-G coursework completion.
(j) Industry-recognized career technical education assessments and program completion.
(k) Portfolios of pupils’ work, projects, and performances redacted of personally identifiable pupil information.
(l) Surveys from parents, if approved in advance by the certificated employee.
(m) Surveys from pupils, if approved in advance by the certificated employee.
(n) Written reports from classroom observations.
(o) Progress on outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060.
44673.
(a) The employing authority shall use a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this chapter.
(b) At least two rating levels shall identify certificated employees who meet either of the following:
(1) Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are required to participate and receive appropriate additional support, training, and assistance.
(2) Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4. This rating level shall be applicable to paragraph (5) of subdivision (a) of Section 44932.
44674.
(a) If a school district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), a certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44673 on an evaluation performed pursuant to Section 44664 shall participate in the California Peer Assistance and Review Program for Teachers.
(b) Notwithstanding any other law, in endeavoring to assist the employee as mandated by Article 11 (commencing with Section 44660) and Article 13 (commencing with Section 44670), the school district shall, at a minimum, consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and prioritize the employee’s eligibility for any professional development supported by one-time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4.
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.
SECTION 1.
Section 44662 of the
Education Code
is amended to read:
44662.
(a)The governing board of a school district shall establish standards of expected pupil achievement at each grade level in each area of study.
(b)The governing board of a school district shall evaluate and assess certificated employee performance as it reasonably relates to:
(1)The progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, pupil achievement and pupil outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of Section 52060, and the state adopted academic content standards as measured by state adopted criterion referenced assessments.
(2)The instructional techniques and strategies used by the employee.
(3)The employee’s adherence to curricular objectives.
(4)The establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities.
(c)The governing board of a school district shall establish and define job responsibilities for certificated noninstructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (b) and shall evaluate and assess the performance of those noninstructional certificated employees as it reasonably relates to the fulfillment of those responsibilities.
(d)Results of an employee’s participation in the California Peer Assistance and Review Program for Teachers established by Article 4.5 (commencing with Section 44500) shall be made available as part of the evaluation conducted pursuant to this section.
(e)The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests.
(f)Nothing in this section shall be construed as in any way limiting the authority of the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
(g)For purposes of paragraph (1) of subdivision (b), evidence of actual pupil progress may include, but shall not be limited to, written reports from classroom observations and data from any or all of the following:
(1)State-adopted criterion referenced assessments.
(2)District, school, or department-developed assessments.
(3)Curriculum-based and end-of-course assessments.
(4)Pretest and posttest data.
(5)Interim, periodic, benchmark, and formative assessments.
(6)English language proficiency assessments.
(7)Assessments measuring progress in an individualized education program.
(8)Advance placement, international baccalaureate and college preparedness examinations.
(9)A-G coursework completion.
(10)Industry-recognized career technical education assessments and program completion.
(11)Portfolios of pupils’ work and projects and of live and recorded pupil performances.
(12)Surveys from parents.
SEC. 2.
Section 44663 of the
Education Code
is amended to read:
44663.
(a)The employing authority shall utilize a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this article.
(b)At least two rating levels shall identify certificated employees who meet either of the following:
(1)Require more development and growth to achieve a rating of satisfactory or meeting standards, and who are to participate and receive appropriate additional support, training, and assistance pursuant to Section 44664.
(2)Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training pursuant to Section 44664, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4.
(c)The evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee not later than 30 days before the last schoolday scheduled on the school calendar adopted by the governing board for the school year in which the evaluation takes place. The certificated employee shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before the last schoolday scheduled on the school calendar adopted by the governing board for the school year, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation.
(d)In the case of a certificated noninstructional employee, who is employed on a 12-month basis, the evaluation and assessment made pursuant to this article shall be reduced to writing and a copy of the evaluation and assessment shall be transmitted to the certificated employee no later than June 30 of the year in which the evaluation and assessment is made. A certificated noninstructional employee, who is employed on a 12-month basis shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before July 30 of the year in which the evaluation and assessment takes place, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation and assessment.
SEC. 3.
Section 44664 of the
Education Code
is amended to read:
44664.
(a)Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows:
(1)At least once each school year for probationary personnel.
(2)At least every other year for personnel with permanent status.
(3)At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of the United States Code, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time.
(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the employee. If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance. If a permanent certificated employee has received an evaluation rating in either of the levels described in subdivision (b) of Section 44663, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district.
(c)An evaluation performed pursuant to this article that contains a rating of an employee’s performance described in subdivision (b) of Section 44663 in the area of teaching methods, instruction, or progress of pupils towards standards of expected pupil achievement, may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee’s performance and to further pupil achievement and the instructional objectives of the employing authority.
(d)If a district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives a rating in either of the levels described by subdivision (b) of Section 44663 on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(e)Notwithstanding any other law, in endeavoring to assist the employee pursuant to subdivision (b), the district shall, at a minimum, prioritize the employee’s eligibility for professional development identified in the district and applicable school’s local control and accountability plan, and any professional development supported by one time or ongoing funds appropriated by the Legislature in the annual Budget Act, including professional development in the state academic content standards adopted by the state board, and training on services to English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4.
(f)Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of Section 44660, and substitute teachers may be excluded from this section at the discretion of the governing board.
SEC. 4.
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 requires the State Board of Education to develop guidelines that school districts may use in the development of certain teach evaluation procedures and to distribute those guidelines to every school district. This bill would require the development of those guidelines to comply with the Administrative Procedure Act. Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to specified matters, including pupil progress, as provided. Existing law authorizes the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria. This bill would also require the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil achievement and pupil outcomes, if applicable, as provided. The bill would provide that evidence of actual pupil progress may include written reports from classroom observations and data from various sources, including state-adopted criterion referenced assessments. provide, if applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used for certain purposes of evaluating and assessing certificated employee performance may include specified sources. The bill would require an employing authority to utilize use a minimum of 3 rating levels of professional achievement for evaluation and assessment of certificated employees, as provided. By imposing additional duties on school districts, this bill would impose a state-mandated local program. Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law requires or authorizes certain things relating to the evaluation these evaluations to include a requirement that the employee participate in a specified program if a permanent certificated employee receives an unsatisfactory evaluation. This bill would instead require or authorize these things relating to the evaluation require an employee, if the that employee receives one of the specified rating levels of professional achievement for evaluation and assessment. assessment, to participate in the California Peer Assistance and Review Program for Teachers if the school district participates in that program. The bill would require, in order to endeavor to assess assist the employee in areas of improvement, the school district to, at minimum, consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and prioritize the employee’s eligibility for professional development, as provided. By expanding the duties of a school district, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 44662, 44663, and 44664 of
Section 33039 of, and to add Article 14 (commencing with Section 44672) to Chapter 3 of Part 25 of Division 3 of Title 2 of,
the Education Code, relating to teachers.


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

SECTION 1.
Section 4001 of the Elections Code is amended to read:
4001.
(a) Notwithstanding Section 4000 or any other law, as a pilot program, elections in San Mateo County, Yolo County, Sacramento County, and Monterey County may be conducted wholly by mail if all of the following conditions are satisfied:
(1) The governing body of the city, county, or district, by resolution, authorizes the all-mailed ballot election and notifies the Secretary of State of its intent to conduct an all-mailed ballot election at least 88 days before the date of the election.
(2) The election does not occur on the same date as a statewide primary or general election or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail pursuant to this section.
(3) The election is not a special election to fill a vacancy in a state office, the Legislature, or Congress.
(4) (A) At least one ballot drop-off location is provided per city or the ballot drop-off locations are fixed in a manner so that the number of residents for each ballot drop-off location does not exceed 100,000 on the 88th day before the day of election, whichever results in more drop-off locations. A ballot drop-off location shall be open during business hours to receive voted ballots beginning 28 days before the date of the election and until 8 p.m. on the day of the election.
(B) (i) For San Mateo County and Yolo County, at least one polling place is provided per city.
(ii) For Monterey County and Sacramento County, at least one polling place is provided for every 50,000 registered voters, with a minimum of one polling place per city, in a manner so that the number of registered voters for each polling place does not exceed 50,000 on the 88th day before the day of election, whichever results in more polling places.
(iii) A polling place provided pursuant to this subparagraph shall allow voters to request a ballot between 7 a.m. and 8 p.m. on the day of the election if they have not received their ballots in the mail or if they need replacement ballots for any other reason.
(C) Upon the request of the city, county, or district, the elections official, at his or her discretion, may provide additional ballot drop-off locations and polling places.
(5) The elections official delivers to each voter all supplies necessary for the use and return of the mail ballot, including an envelope for the return of the voted mail ballot with postage prepaid.
(6) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, a list of the ballot drop-off locations and polling places provided pursuant to paragraph (4), and also posts that list on the Internet Web site of the county elections office.
(7) The return of voted mail ballots is subject to Section 3017.
(8) (A) The polling places provided under this section are at an accessible location and are equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation, including the ability to vote privately and independently.
(B) A ballot drop-off location provided for under this section shall consist of a locked ballot box located in a secure public building that meets the accessibility requirements for a polling place.
(9) Elections in the county conducted pursuant to this section may be held on no more than three different dates.
(b) (1) If the county conducts an all-mailed ballot election pursuant to this section, on or before December 31, 2017, the county shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, any statistics on the cost to conduct the election; the turnout of different populations, including, but not limited to, to the extent possible, the population categories of race, ethnicity, age, gender, disability, permanent vote by mail status, and political party affiliation; the number of ballots not counted and the reasons they were rejected; voter fraud; and, any other problems that become known to the county during the election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph (1), the report of the county shall compare the success of the all-mailed ballot election to similar elections not conducted wholly by mail in the same jurisdiction or comparable jurisdictions.
(3) The report of the county shall be submitted to the Legislature pursuant to Section 9795 of the Government Code within six months after the date of the all-mailed ballot election or before the date of any other all-mailed ballot election subject to this section to be conducted in the county, whichever is sooner.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

Summary: Until December 31, 2017, existing law, as a pilot program, authorizes elections in San Mateo County and Yolo County, other than statewide primary or general elections, or special elections to fill a vacancy in a state office, the Legislature, or Congress, to be conducted wholly by mail if specified conditions are satisfied. If San Mateo County or Yolo County conducts an all-mailed ballot election, existing law requires the county to report to the Legislature and the Secretary of State, as specified. This bill would extend this pilot program until January 1, 2018. This bill would also authorize Monterey and Sacramento Counties to conduct all-mailed ballot elections as part of this program, subject to a requirement to provide additional polling places. The bill would also make technical, nonsubstantive changes.

An act to amend Section 4001 of the Elections Code, relating to elections.