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

SECTION 1.
(a) It is the intent of the Legislature to clarify that pawnbrokers and other secondhand dealers are to report their acquisition of tangible personal property received in pledge, trade, consignment, or auction or by purchase using plain text, in descriptive language historically used in the pawn and secondhand industries when reporting to the single, statewide, and uniform electronic reporting system operated by the Department of Justice, or if not yet implemented in their respective jurisdictions, on paper forms sent to the local police chief or sheriff of the jurisdiction in which the secondhand dealer is physically located.
(b) It is further the intent of the Legislature that by specifying this manner of reporting, it will relieve all secondhand dealers and pawnbrokers of the inherent costs and burdens imposed under existing law that requires these businesses to report their daily acquisitions of secondhand tangible personal property on paper forms limited to a single transaction, or where the electronic reporting system is implemented, the cost associated with converting industry standard descriptions to specific law enforcement categories, the ongoing costs of training to that standard, and the costs of implementing software to maintain that standard.
(c) Further, it is the intent of the Legislature that the Department of Justice shall continue to accept the plain text descriptive language historically used in the pawn and secondhand industries and may provide article field descriptors to secondhand dealers in order to facilitate communication between the single, statewide, and uniform electronic reporting system and law enforcement databases. It is the intent of the Legislature that only properly trained law enforcement personnel of the Department of Justice or local law enforcement classify and encode for law enforcement databases property reported by pawnbrokers and secondhand dealers.
SEC. 2.
Section 21627.5 is added to the Business and Professions Code, to read:
21627.5.
“CAPSS” means the California Pawn and SecondhandDealer System, which is a single, statewide, uniform electronic reporting system that receives secondhand dealer reports and is operated by the Department of Justice consistent with Resolution Chapter 16 of the Statutes of 2010. The maintenance and operation of CAPSS is funded by the Secondhand Dealer and Pawnbroker Fund established pursuant to Section 21642.5.
SEC. 3.
Section 21628 of the Business and Professions Code, as amended by Section 1 of Chapter 169 of the Statutes of 2015, is amended to read:
21628.
(a) Every secondhand dealer or coin dealer described in Section 21626 shall report daily, or no later than the next business day excluding weekends and holidays after receipt or purchase of secondhand tangible personal property, to CAPSS, all secondhand tangible personal property, except for firearms, which he or she has purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning, in accordance with the provisions of Section 21630 and subdivision (d). The report shall be legible, prepared in English, completed where applicable, and include only the following information:
(1) The name and current address of the intended seller or pledger of the property.
(2) The identification of the intended seller or pledger. The identification of the seller or pledger of the property shall be verified by the person taking the information, who may use technology, including, but not limited to, cameras or software, or both, to obtain information and verify identity remotely. The verification shall be valid if the person taking the information reasonably relies on any one of the following documents, provided that the document is currently valid or has been issued within five years and contains a photograph or description, or both, of the person named on it, and, where applicable, is signed by the person, and bears a serial or other identifying number:
(A) A passport of the United States.
(B) A driver’s license issued by any state or Canada.
(C) An identification card issued by any state.
(D) An identification card issued by the United States.
(E) A passport from any other country in addition to another item of identification bearing an address.
(F) A Matricula Consular in addition to another item of identification bearing an address.
(3) (A) A property description. The property description shall be a complete and reasonably accurate description of the property, including, but not limited to, the following: serial number, personalized inscriptions, and other identifying marks or symbols, owner-applied numbers, the size, color, material, and, if known by the secondhand dealer, the manufacturer’s pattern name. The property description shall include the brand and model name or number of the item if known to, or reasonably ascertainable by, the secondhand dealer. The property description shall include a plain text description of the item generally accepted by the secondhand industry. Watches need not be disassembled when special skill or special tools are required to obtain the required information, unless specifically requested to do so by a peace officer. A special tool does not include a penknife, caseknife, or similar instrument and disassembling a watch with a penknife, caseknife, or similar instrument does not constitute a special skill. In all instances where the required information may be obtained by removal of a watchband, then the watchband shall be removed. The cost associated with opening the watch shall be borne by the pawnbroker, secondhand dealer, or customer.
(B) A secondhand dealer shall utilize in the article field either an article field descriptor, the format of which shall be provided by the Department of Justice, or a properly spelled and non-abbreviated plain text descriptor commonly recognized and utilized by the pawn and secondhand dealer industry. The lack of an article field descriptor provided by the Department of Justice shall not be relevant to any determination as to whether the secondhand dealer has received evidence of authority to sell or pledge the property pursuant to paragraph (1) of subdivision (b) so long as the secondhand dealer reports an article field descriptor consistent with this subdivision.
(C) In the case of the receipt or purchase of a handheld electronic device by a secondhand dealer, the serial number reported pursuant to subparagraph (A) may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or other unique identifying number assigned to that device by the device manufacturer. If none of these identifying numbers are available by the time period required for reporting pursuant to this subdivision, the report shall be updated with the IMEI, MEID, or other unique identifying number assigned to that device by the device manufacturer as soon as reasonably possible but no later than 10 working days after receipt or purchase of the handheld electronic device.
(D) For the purpose of this paragraph, “handheld electronic device” means any portable device that is capable of creating, receiving, accessing, or storing electronic data or communications and includes, but is not limited to, a cellular phone, smartphone, or tablet.
(4) A certification by the intended seller or pledger that he or she is the owner of the property or has the authority of the owner to sell or pledge the property.
(5) A certification by the intended seller or pledger that to his or her knowledge and belief the information is true and complete.
(6) A legible fingerprint taken from the intended seller or pledger, as prescribed by the Department of Justice. This requirement does not apply to a coin dealer, unless required pursuant to local regulation.
(7) A report submitted by a pawnbroker or secondhand dealer shall be deemed to have been accepted by the Department of Justice if a good faith effort has been made to supply all of the required information. An error or omission on the report shall be noted, and the reporting pawnbroker or secondhand dealer shall be notified of the error or omission by the Department of Justice. A reporting pawnbroker or secondhand dealer shall have three business days from that notice to amend or correct the report before being subject to any enforcement violation.
(b) (1) When a secondhand dealer complies with all of the provisions of this section, he or she shall be deemed to have received from the seller or pledger adequate evidence of authority to sell or pledge the property for all purposes included in this article, and Division 8 (commencing with Section 21000) of the Financial Code.
(2) In enacting this subdivision, it is the intent of the Legislature that its provisions shall not adversely affect the implementation of, or prosecution under, any provision of the Penal Code.
(c) Any person who conducts business as a secondhand dealer at any gun show or event, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, outside the jurisdiction that issued the secondhand dealer license in accordance with subdivision (d) of Section 21641, may be required to submit a duplicate of the transaction report prepared pursuant to this section to the local law enforcement agency where the gun show or event is conducted.
(d) (1) The Department of Justice shall recognize and accept the properly spelled and non-abbreviated plain text property descriptors generally accepted in the pawn and secondhand industries provided by pawnbrokers and secondhand dealers, as has been the longstanding practice of chiefs of police and sheriffs when they had received paper reports from pawnbrokers and secondhand dealers.
(2) A report required of a secondhand dealer pursuant to this section shall be transmitted by electronic means to CAPSS by the secondhand dealer.
(3) Unless specifically identified in this section, the Department of Justice, chiefs of police, and sheriffs shall not require a secondhand dealer to include any additional information concerning the seller, the pledger, or the property received by the secondhand dealer in the report required by this section.
(4) If there is a future change to the reporting requirements of CAPSS that substantively alters the reporting standards provided by this article, those changes shall be implemented and operated in compliance 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). In implementing and operating a future change to CAPSS, the Department of Justice, chiefs of police, and sheriffs shall comply with Sections 21637 and 21638. Notwithstanding any other law, the Department of Justice shall not take any action with respect to the implementation, operation, or maintenance of CAPSS required by this chapter by adoption of an emergency regulation.
(5) On or before July 1, 2017, the Department of Justice shall convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades to CAPSS required by this chapter. The Department of Technology may provide technological assistance for ongoing improvements, updates, or changes to CAPSS required by this chapter, as requested.
(6) A coin dealer shall report the information required by this section under the reporting standard described in paragraph (1) on a form developed by the Attorney General that the coin dealer shall transmit each day by facsimile transmission or by mail to the chief of police or sheriff. A transaction shall consist of not more than one item.
(7) For purposes of this subdivision, “item” shall mean any single physical article. However, with respect to a commonly accepted grouping of articles that are purchased as a set, including, but not limited to, a pair of earrings or place settings of china, silverware, or other tableware, “item” shall mean that commonly accepted grouping.
(8) Nothing in this subdivision shall be construed as excepting a secondhand dealer from the fingerprinting requirement of paragraph (6) of subdivision (a).
(e) Nothing in this section shall be construed to exempt a person licensed as a firearms dealer pursuant to Sections 26700 to 26915, inclusive, of the Penal Code from the reporting requirements for the delivery of firearms pursuant to Sections 26700 to 26915, inclusive, of the Penal Code.
SEC. 4.
Section 21628.1 of the Business and Professions Code is repealed.
SEC. 5.
Section 21630 of the Business and Professions Code is repealed.
SEC. 6.
Section 21630 is added to the Business and Professions Code, to read:
21630.
(a) A secondhand dealer or coin dealer shall electronically transmit to CAPSS no later than the next business day after the date of transaction excluding weekends and holidays or, if not then possible due to an electrical, telecommunications, or other malfunction, as soon as reasonable thereafter, the report of acquisition of tangible personal property as required by Section 21628.
(b) Notwithstanding Section 21628, submission of a tangible property acquisition report is not required if the report of an acquisition of the same property from the same customer has been submitted within the preceding 12 months.
SEC. 7.
Section 21633 of the Business and Professions Code is repealed.
SEC. 8.
Section 21642.5 of the Business and Professions Code is amended to read:
21642.5.
(a) The Department of Justice shall require each applicant for an initial license under Section 21641 of this code or Section 21300 of the Financial Code and each applicant for renewal of a license under Section 21642 of this code or Section 21301 of the Financial Code to pay a fee not to exceed three hundred dollars ($300), but in no event exceeding the costs described in subdivision (b), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(b) The fees assessed pursuant to subdivision (a) shall be no more than necessary to cover the reasonable regulatory costs to the department of doing all of the following:
(1) Processing initial license applications under Section 21641 of this code and Section 21300 of the Financial Code.
(2) Processing renewal applications under Section 21642 of this code and Section 21301 of the Financial Code.
(3) Implementing, operating, and maintaining CAPSS described in Section 21627.5.
(c) All licensees holding a license issued before the effective date of the act adding this section pursuant to Section 21641 or 21642 of this code or Section 21300 or 21301 of the Financial Code shall, within 120 days after enactment of the act adding this section in the 2011–12 Regular Session, in addition to any fee required under subdivision (a), pay a fee not to exceed two hundred eighty-eight dollars ($288) to the Department of Justice.
(d) The fees paid pursuant to subdivisions (a) and (c) shall be deposited in the Secondhand Dealer and Pawnbroker Fund, which is hereby established in the State Treasury. The revenue in the fund shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraphs (1) to (3), inclusive, of subdivision (b), except that the revenue received pursuant to subdivision (c) shall, upon appropriation by the Legislature, be used by the Department of Justice for the purpose of paying for the costs described in paragraph (3) of subdivision (b).
(e) Applicants described in subdivision (a) shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and contents of a record of state convictions and state arrests and information as to the existence and contents of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.
(1) The Department of Justice shall prepare a state-level response pursuant to paragraph (1) of subdivision (l) of Section 11105 of the Penal Code.
(2) The Department of Justice shall provide subsequent notification service pursuant to Section 11105.2 of the Penal Code for applicants described in this subdivision.
(3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. The fee revenues shall be deposited in the Fingerprint Fee Account and shall, upon appropriation by the Legislature, be used by the department for the purposes of paying the costs associated with this subdivision.
SEC. 9.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the public from the dissemination of stolen property, make the single, statewide, uniform electronic system a cost savings for secondhand dealers and pawnbrokers, and to require the plain text property descriptions historically utilized by these industries to be accepted by the Department of Justice, just as these plain text descriptions have historically been accepted by chiefs of police and sheriffs, at the earliest possible time, it is necessary that this act take effect immediately.

Summary: Existing law regulates secondhand dealers and coin dealers, and makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law also regulates pawnbrokers. Existing law requires a local law enforcement agency to issue a license to engage in the business of a sehe bill would require the Department of Justice to accept the properly spelled and non-abbreviated plain text property descriptions commonly recognized and utilized by the pawn and secondhand dealer industries. The bill would require a secondhand dealer to provide a property description in an article field descriptor, as specified. This bill would prohibit the Department of Justice, chiefs of police, and sheriffs from requiring secondhand dealers to report any additional information other than that which is required by these provisions. The bill would require that a future change to the reporting requirements of CAPSS that substantively alters the reporting standards be implemented and operated in compliance with the Administrative Procedure Act and prohibit the Department of Justice from taking any action with respect to the implementation, operation, or maintenance of CAPSS by adoption of an emergency regulation. The bill would also require the Department of Justice to convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades, and authorize the Department of Technology to provide technological assistance for ongoing improvements, updates, or changes, to CAPSS. Existing law provides an exception to the reporting requirement for the acquisition of the same property from the same customer within 12 months of a reported transfer, except when submission of the report is specifically requested in writing by the local authorities. This bill would expand the reporting requirement exception to all acquisitions of the same property from the same customer within 12 months of a reported transfer. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 21628 and 21642.5 of, to add Section 21627.5 to, to repeal Sections 21628.1 and 21633 of, and to repeal and add Section 21630 of, the Business and Professions Code, relating to secondhand goods, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California has the highest number of older adults compared to any other state in the nation, with 4.2 million individuals over 65 years of age counted in the 2010 census.
(b) Elderly and dependent adults are seen as easy targets by financial predators who take advantage of their victims’ loneliness, isolation, and vulnerability. This population often falls victim to scams
such as
including
foreign lotteries, the sale of costly and ineffective annuities, identity theft, reverse mortgage scams, and fraudulent home repairs. Financial abuse is also committed by family members or caregivers who take advantage of an elder’s isolation and dependence.
(c) A 1998 study reported in the Journal of the American Medical Association found that an elder victimized by financial abuse has a decreased projected lifespan when compared to elders who have not suffered that exploitation.
(d) The State Department of Social Services reports that as many as 1,600 reports of elder and dependent adult financial abuse are under investigation per month by Adult Protective Services offices statewide.
(e) The California Victims of Crime Program does not serve this population even though federal law allows Victims of Crime Act funds to be used to do so. Federal guidelines identify elders and dependent adults as being underserved in this area.
(f) Many states already provide assistance to victims of financial crimes, including Colorado, Florida, Idaho, New Jersey, New York, Oklahoma, Pennsylvania, Vermont, and Wyoming.
(g) Elderly and dependent adult victims who lack the means to recover or replace misappropriated assets or property often suffer severe consequences including failing health; severe anxiety, depression, and hopelessness; and dependence on public assistance. Research has shown the benefits of mental health and financial counseling in helping these victims remain independent and regain the confidence to take perpetrators to court.
(h) A pilot program is needed to provide the Legislature with data on the demand for victim services, including mental health and financial counseling, by this population and the costs and outcomes of these services. The collection of this data could further help the state track the types and frequency of financial crimes against elder and dependent adults, identify services that are most needed by victims and the rates at which these services are utilized, and establish best practice protocols for serving these victims.
(i) The County of San Diego is well-situated to provide victims of elder and dependent adult financial abuse with access to services, including mental health and financial counseling.
SEC. 2.
Article 7 (commencing with Section 13967) is added to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, to read:
Article  7. San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program
13967.
(a) The San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program is hereby established.
(b) Notwithstanding Section 13955, and except as otherwise provided in subdivision (c), a person who meets the requirements listed in subdivision (a) of Section 13955, shall be eligible for compensation under subdivision (d) if he or she was a victim of a violation of subdivision (d) or (e) of Section 368 of the Penal Code, and the crime occurred in the County of San Diego.
(c) A person shall not be eligible for compensation pursuant to subdivision (b) if he or she is a derivative victim and the only crime the victim suffered is elder or dependent adult abuse described in subdivision (d) or (e) of Section 368 of the Penal Code.
(d) Notwithstanding Section 13957, the board may grant for pecuniary loss, upon appropriation by the Legislature before January 1, 2019, if the board determines it will best aid the person seeking compensation to reimburse the expense of financial counseling, mental health counseling, or supportive services for a victim of a crime described in subdivision (d) or (e) of Section 368 of the Penal Code or financial abuse as defined by Section 15610.30 of the Welfare and Institutions Code, that occurred in the County of San Diego, as follows, up to a total of not more than three thousand dollars ($3,000) per person:
(1) The cost of not more than 10 sessions of financial counseling provided by a financial counselor, as described in the Victims of Crime Act Victim Compensation Grant Program (66 F.R. 27158-01), or an adviser providing services such as analysis of a victim’s financial situation, including income-producing capacity and crime-related financial obligations, assistance with restructuring budget and debt, assistance in accessing insurance, public assistance, and other benefits, and assistance in completing the financial aspects of victim impact statements.
(2) The cost of not more than 10 sessions of mental health counseling.
(e) Compensation pursuant to subdivision (d) shall not exceed an aggregate total of one million dollars ($1,000,000) for all persons compensated pursuant to the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program.
(f) This section shall become inoperative on January 1, 2020.
13967.1.
(a) On or before July 1, 2020, the California Victim Compensation and Government Claims Board shall report to the Legislature and Governor all of the following:
(1) The number of victims who received payments pursuant to this article.
(2) The number of victims who received mental health counseling.
(3) The average payment for mental health counseling per recipient.
(4) The number of victims who received financial counseling.
(5) The average payment for financial counseling per recipient.
(6) Any other data on the pilot program that the board wishes to include.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
13967.5.
This article shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of San Diego where a high number of reported elder and dependent adult financial abuse crimes occur. The County of San Diego is well-suited for a pilot program that would allow the Legislature to gather data on the demand for victim services, including mental health and financial counseling, by elderly and dependent adult victims of financial crimes so as to effectively develop policies and resources for this underserved population.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. This bill would create the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and would authorize the board, upon appropriation by the Legislature before January 1, 2019, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill would limit compensation pursuant to this authorization to $3,000 per person and an aggregate total of $1,000,000. The bill would exclude a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. The bill would authorize the pilot program to operate until January 1, 2020. The bill would require the board to report specified information related to the pilot program to the Legislature and Governor on or before July 1, 2020. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. This bill would make related legislative findings and declarations, including findings and declarations as to the necessity of a special statute enacting a pilot program in the County of San Diego. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to add and repeal Article 7 (commencing with Section 13967) to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, relating to crime victims.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, is used by two refineries in California to manufacture high octane fuel.
(b) According to the United States Chemical Safety Board, “Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.”
(c) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion nearly missed the Torrance refinery’s storage of modified hydrofluoric acid.
(d) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid.
(e) According to the federal Centers for Disease Control and Prevention, “Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.”
(f) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye.
(g) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years.
(h) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid.
(i) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid.
(j) Article I of the California Constitution declares, “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
(k) Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety.
SEC. 2.
Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article  11.3. Hydrogen Fluoride
25240.
The Legislature finds and declares all of the following:
(a) Hydrogen fluoride, a highly toxic and highly corrosive mineral acid used in the manufacture of unleaded gasoline and refrigerants, is a harmful and potentially deadly toxic gas.
(b) If released, hydrogen fluoride creates a deadly gas cloud that is toxic to the respiratory system. Inhalation of hydrogen fluoride gas can result in irritation, inflammation, bronchiolar ulceration, pulmonary hemorrhage and edema, and death.
(c) Hydrogen fluoride and hydrofluoric acid pose significantly greater risks than sulfuric acid, an alternative chemical that can be substituted in the manufacture of unleaded gasoline.
(d) An uncontrolled release of hydrogen fluoride would endanger human life and health over an area six times as large as a comparable release of sulfuric acid. A hydrogen fluoride spill that was 90 percent controlled would endanger human life outside of the spill site, while no similar threat would exist from a spill of sulfuric acid. Tests have shown that a worst case spill of liquid hydrogen fluoride or hydrofluoric acid could produce a cloud that could be lethal for five miles downwind. Under normal spill conditions, sulfuric acid does not vaporize to form a dangerous cloud.
(e) Unforeseeable and unpreventable accidental releases of hydrogen fluoride could occur in several instances, including earthquake, mechanical or structural defects in equipment, human error, sabotage, and, in locations with considerable air traffic, aircraft disasters.
(f) The storage, transport, and use of hydrogen fluoride introduces the potential for serious public health risks. Chemical alternatives are available and should be used as an alternative to hydrogen fluoride to reduce the possibility of public endangerment.
25240.2.
(a) A business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017.
(b) If it is not possible for a business to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business is located within two miles of a residential dwelling, the business shall cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017.
SEC. 3.
Section 39668.5 is added to the Health and Safety Code, to read:
39668.5.
(a) An owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations shall send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a three-and-a-half-mile radius of the refinery.
(1) (A) Notice recipients located within a two-mile radius from the refinery shall be warned they may live in a lethal zone.
(B) “Lethal zone” means the area identified in a worst case scenario to expose individuals to ERPG-3 level toxins.
(C) “ERPG-3” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing life-threatening health effects.
(2) (A) Notice recipients located outside a two-mile radius but within a three-and-a-half-mile radius from the refinery shall be warned they may live in a long-term illness zone.
(B) “Long-term illness zone” means the area identified in a worst case scenario to expose individuals to ERPG-2 level toxins.
(C) “ERPG-2” is the maximum airborne concentration below which nearly all individuals could be exposed for up to one hour without experiencing or developing irreversible or other serious health effects or symptoms which could impair an individual’s ability to take protective action.
(3) Notice recipients located within a three-and-a-half-mile radius from the refinery shall be provided the Internet Web site address of the United States Environmental Protection Agency’s Vulnerable Zone Indicator System.
(b) Costs for the notice shall be paid by the owner or operator of the refinery.
(c) The owner or operator shall file a copy of the notice and distribution list with the state board.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the high risk to the public of exposure to hydrogen fluoride, including hydrofluoric acid, it is necessary this bill take effect immediately.

Summary: Existing law requires the State Air Resources Board to adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Existing law prescribes civil penalties for violations of specified air pollution control laws, rules, regulations, permits, or orders of the State Air Resources Board or of an air pollution control district or air quality management district. This bill would require an owner or operator of an oil refinery that uses hydrogen fluoride, hydrofluoric acid, or modified hydrofluoric acid in its operations to send out biannual notices to each business, school, child care facility, library, church, community facility, senior facility, and residence within a 3.5-mile radius of the refinery, as specified. The bill would require the cost of the notice to be paid by the owner or operator of the refinery. The bill would require the owner or operator to file a copy of the notice and distribution list with the State Air Resources Board. An owner or operator who violates these provisions would be subject to those civil penalties. Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime. This bill would require a business that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or hydrofluoric acid to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2017. If that conversion is not possible and the business is located within 2 miles of a residential dwelling, the bill would require the business to cease handling, maintaining, or storing hydrogen fluoride and hydrofluoric acid by January 1, 2017. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

An act to add Section 39668.5 to, and to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hydrogen fluoride, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 127660 of the Health and Safety Code is amended to read:
127660.
(a) The Legislature hereby requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing to mandate a benefit or service, as defined in subdivision (d), and legislation proposing to repeal a mandated benefit or service, as defined in subdivision (e), and to prepare a written analysis with relevant data on the following:
(1) Public health impacts, including, but not limited to, all of the following:
(A) The impact on the health of the community, including the reduction of communicable disease and the benefits of prevention such as those provided by childhood immunizations and prenatal care.
(B) The impact on the health of the community, including diseases and conditions where disparities in outcomes associated with the social determinants of health as well as gender, race, sexual orientation, or gender identity are established in peer-reviewed scientific and medical literature.
(C) The extent to which the benefit or service reduces premature death and the economic loss associated with disease.
(2) Medical impacts, including, but not limited to, all of the following:
(A) The extent to which the benefit or service is generally recognized by the medical community as being effective in the screening, diagnosis, or treatment of a condition or disease, as demonstrated by a review of scientific and peer-reviewed medical literature.
(B) The extent to which the benefit or service is generally available and utilized by treating physicians.
(C) The contribution of the benefit or service to the health status of the population, including the results of any research demonstrating the efficacy of the benefit or service compared to alternatives, including not providing the benefit or service.
(D) The extent to which mandating or repealing the benefits or services would not diminish or eliminate access to currently available health care benefits or services.
(3) Financial impacts, including, but not limited to, all of the following:
(A) The extent to which the coverage or repeal of coverage will increase or decrease the benefit or cost of the benefit or service.
(B) The extent to which the coverage or repeal of coverage will increase the utilization of the benefit or service, or will be a substitute for, or affect the cost of, alternative benefits or services.
(C) The extent to which the coverage or repeal of coverage will increase or decrease the administrative expenses of health care service plans and health insurers and the premium and expenses of subscribers, enrollees, and policyholders.
(D) The impact of this coverage or repeal of coverage on the total cost of health care.
(E)
Commencing July 1, 2017, the
The
impact of this coverage or repeal of coverage on anticipated costs or savings estimated upon implementation for the following periods:
(i) The two subsequent state fiscal years.
(ii) If applicable, the five subsequent state fiscal years through a longer-range estimate.
(F) The potential cost or savings to the private sector, including the impact on small employers as defined in paragraph (1) of subdivision (l) of Section 1357, the Public Employees’ Retirement System, other retirement systems funded by the state or by a local government, individuals purchasing individual health insurance, and publicly funded state health insurance programs, including the Medi-Cal program and the Healthy Families Program.
(G) The extent to which costs resulting from lack of coverage or repeal of coverage are or would be shifted to other payers, including both public and private entities.
(H) The extent to which mandating or repealing the proposed benefit or service would not diminish or eliminate access to currently available health care benefits or services.
(I) The extent to which the benefit or service is generally utilized by a significant portion of the population.
(J) The extent to which health care coverage for the benefit or service is already generally available.
(K) The level of public demand for health care coverage for the benefit or service, including the level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts, and the extent to which the mandated benefit or service is covered by self-funded employer groups.
(L) In assessing and preparing a written analysis of the financial impact of legislation proposing to mandate a benefit or service and legislation proposing to repeal a mandated benefit or service pursuant to this paragraph, the Legislature requests the University of California to use a certified actuary or other person with relevant knowledge and expertise to determine the financial impact.
(4) The impact on essential health benefits, as defined in Section 1367.005 of this code and Section 10112.27 of the Insurance Code, and the impact on the California Health Benefit Exchange.
(b) The Legislature further requests that the California Health Benefit Review Program assess legislation that impacts health insurance benefit design, cost sharing, premiums, and other health insurance topics.
(c) The Legislature requests that the University of California provide every analysis to the appropriate policy and fiscal committees of the Legislature not later than 60 days, or in a manner and pursuant to a timeline agreed to by the Legislature and the California Health Benefit Review Program, after receiving a request made pursuant to Section 127661. In addition, the Legislature requests that the university post every analysis on the Internet and make every analysis available to the public upon request.
(d) As used in this section, “legislation proposing to mandate a benefit or service” means a proposed statute that requires a health care service plan or a health insurer, or both, to do any of the following:
(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider.
(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition.
(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service.
(e) As used in this section, “legislation proposing to repeal a mandated benefit or service” means a proposed statute that, if enacted, would become operative on or after January 1, 2008, and would repeal an existing requirement that a health care service plan or a health insurer, or both, do any of the following:
(1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider.
(2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition.
(3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service.
SEC. 2.
This act shall become operative on July 1, 2017, and shall become operative only if the dates on which Chapter 7 (commencing with Section 127660) of Part 2 of Division 107 of the Health and Safety Code becomes inoperative and is repealed are deleted or extended.

Summary: Existing law, until July 1, 2017, requests the University of California to establish the California Health Benefit Review Program to assess, among other things, legislation that proposes to mandate or repeal a mandated benefit or service, as defined. Existing law requests the University of California to prepare a written analysis with relevant data on public health, medical, financial, and other impacts of that legislation, as specified. Existing law requests the University of California to provide the analysis to the appropriate policy and fiscal committees of the Legislature, as specified, and to submit a report to the Governor and the Legislature regarding the implementation of these provisions by January 1, 2017. Existing law establishes the Health Care Benefits Fund in the State Treasury to effectively support the University of California and its work in implementing these provisions. The California Health Benefit Review Program has been reauthorized since its predecessor was established in 2002. This bill would additionally request the University of California, commencing July 1, 2017, California to include in its analysis, as part of the financial impacts of the above legislation, relevant data on the impact of coverage or repeal of coverage of the benefit or service on anticipated costs or savings estimated upon implementation for the 2 subsequent state fiscal years and, if applicable, for the 5 subsequent state fiscal years, as specified. This bill would make its provisions operative on July 1, 2017, and only if the California Health Benefit Review Program is reauthorized, as specified.

An act to amend Section 127660 of the Health and Safety Code, relating to health care coverage.


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

SECTION 1.
Section 222.5 of the Code of Civil Procedure is amended to read:
222.5.
(a) To select a fair and impartial jury in civil jury trials, the court shall examine the prospective jurors. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors so that counsel may intelligently exercise both peremptory challenges and challenges for cause. During any examination conducted by counsel for the parties, the court should permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case. The fact that a topic has been included in the court’s examination should not preclude additional nonrepetitive or nonduplicative questioning in the same area by counsel.
(b) To help facilitate the jury selection process, the court in civil trials should provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called.
(c) The court should allow a brief opening statement by counsel for each party before the commencement of the oral questioning phase of the voir dire process.
(d) The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the court in the court’s sound discretion. In exercising its sound discretion as to the form and subject matter of voir dire questions, the court should consider, among other criteria, any unique or complex elements, legal or factual, in the case and the individual responses or conduct of jurors that may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. Specific unreasonable or arbitrary time limits shall not be imposed in any case. The court shall not establish a blanket policy of a time limit for voir dire.
(e) The court should permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. For purposes of this section, an “improper question” is any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. A court shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel. If a questionnaire is used, the parties should be given reasonable time to evaluate the responses to the questionnaires before oral questioning commences.
(f) In civil cases, the court may, upon stipulation by counsel for all the parties appearing in the action, permit counsel to examine the prospective jurors outside the court’s presence.
SEC. 2.
Section 223 of the Code of Civil Procedure is amended to read:
223.
(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper.
(b) The court shall provide to counsel for each party the complete names of the prospective jurors, both alphabetically and in the order in which they will be called. However, the court, in each criminal trial, shall determine a uniform manner by which each prospective juror shall be addressed by the court and counsel for each party, according to one of the following:
(1) An identification number assigned by the court.
(2) The prospective juror’s first name and the first initial of his or her last name.
(3) The prospective juror’s title and last name.
(c) Before examining prospective jurors, the court shall advise them that, in accordance with state law, the court and counsel for each party are prohibited, in all criminal cases, from addressing prospective jurors by their full names during jury selection, and are required to address each prospective juror by an identification number, by his or her first name and the first initial of his or her last name, or by his or her title and last name.
(d) Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel.
(e) Voir dire of prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause.
(f) The court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution.
(g) This section does not limit public access to juror information, as provided for under Section 237.
(h) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
Section 223 is added to the Code of Civil Procedure, to read:
223.
(a) In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. Voir dire of any prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause.
(b) The trial court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution.
(c) This section is operative on and after January 1, 2022.

Summary: In civil trials, existing law requires a trial judge to examine prospective jurors, and, upon completion of the judge’s examination, grants counsel for each party the right to examine, by oral and direct questioning, any prospective juror in order to enable counsel to intelligently exercise peremptory challenges and challenges for cause. Existing law provides that the judge in civil trials should provide the parties with both the alphabetical list and the list of prospective jurors in the order in which they will be called. This bill would make nonsubstantive changes to these provisions. Under existing law, which was enacted by initiative measure, in a criminal case, the court is required to conduct the examination of prospective jurors, except that the court may permit the parties, upon a showing of good cause, to conduct a further inquiry. The initiative measure provides that it may be amended by a measure enacted by a 23 vote of each house. This bill would, until January 1, 2022, in criminal trials, require the court to provide the complete names of prospective jurors to counsel for each party, as specified. The bill would also require the court and counsel for each party to address a prospective juror using a number assigned by the court, by the prospective juror’s first name and first initial of his or her last name, or by his or her title and last name, as determined by the court in each criminal trial. The bill would also make nonsubstantive changes to these provisions.

An act to amend Section 222.5 of, and to amend, repeal, and add Section 223 of, the Code of Civil Procedure, relating to jurors.


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

SECTION 1.
Section 18930 of the Welfare and Institutions Code is amended to read:
18930.
(a) The State Department of Social Services shall establish a Food Assistance Program to provide assistance for those persons described in subdivision (b). The department shall enter into an agreement with the United States Department of Agriculture to use the existing federal Supplemental Nutrition Assistance Program coupons, to the extent allowed by federal law, for the purposes of administering this program. Persons who are members of a household receiving CalFresh benefits under this chapter or under Chapter 10 (commencing with Section 18900), and are receiving CalWORKs benefits under Chapter 2 (commencing with Section 11200) of Part 3 on September 1, 1998, shall have eligibility determined under this chapter without need for a new application no later than November 1, 1998, and the beginning date of assistance under this chapter for those persons shall be September 1, 1998.
(b) (1) Except as provided in paragraphs (2), (3), and (4) and Section 18930.5, a noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but he or she is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to his or her immigration status under Public Law 104-193 and any subsequent amendments thereto.
(2) A noncitizen of the United States is eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422), or if the person is otherwise lawfully present in the United States.
(3) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if he or she is sponsored and one of the following apply:
(A) The sponsor has died.
(B) The sponsor is disabled as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.
(4) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (3), is eligible for aid under this chapter beginning on October 1, 1999.
(5) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (3) has been met.
(6) For purposes of subparagraph (C) of paragraph (3), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(7) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.
(c) In counties approved for alternate benefit issuance systems, that same alternate benefit issuance system shall be approved for the program established by this chapter.
(d) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (b) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900).
(2) A household shall not receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto.
SEC. 2.
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 Department of Social Services to establish the Food Assistance Program for certain immigrants residing in this state, including, among others, a battered immigrant spouse or a Cuban or Haitian entrant, as described in specified provisions of federal law. This bill would provide that a noncitizen is eligible for aid under the Food Assistance Program if he or she is lawfully present in the United States. To the extent this bill would expand eligibility for the Food Assistance Program, which is administered by the counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 18930 of the Welfare and Institutions Code, relating to public social services.


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

SECTION 1.
Article 7.5 (commencing with Section 48317) is added to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  7.5. School District of Choice Continued Enrollment
48317.
Notwithstanding any other law, a pupil attending a school in a school district of choice on or before July 1, 2017, pursuant to Article 7 (commencing with Section 48300), as that article read on December 31, 2016, may continue to attend that school if the school district of choice authorizes the pupil to do so.
48318.
This article shall become operative on July 1, 2017.
SECTION 1.
Section 653.23 of the
Penal Code
is amended to read:
653.23.
(a)It is unlawful for any person to do either of the following:
(1)Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(2)Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
(b)Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following:
(1)Repeatedly speaks or communicates with another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(2)Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(3)Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(4)Repeatedly stops or attempts to stop pedestrians or motorists to solicit, arrange, or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(5)Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22.
(6)Receives or appears to receive money from another person who is acting in violation of subdivision (b) of Section 647 or subdivision (a) of Section 653.22.
(7)Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to, or on behalf of, two or more persons who are in violation of subdivision (a) of Section 653.22.
(8)Has been convicted of violating this section, subdivision (a) or (b) of Section 647, subdivision (a) of Section 653.22, Section 236.1, 266h, or 266i, or any other offense relating to or involving prostitution within five years of the arrest under this section.
(9)Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity.
(c)The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case.
(d)This section does not preclude the prosecution of a suspect for a violation of Section 236.1, 266h, or 266i, or for any other offense, or for a violation of this section in conjunction with a violation of Section 236.1, 266h, or 266i, or any other offense.
SEC. 2.
Section 602 of the
Welfare and Institutions Code
is amended to read:
602.
(a)Except as provided in subdivision (b), a person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court and may be adjudged a ward of the court.
(b)Any person who is alleged, when he or she was 14 years of age or older, to have committed one of the following offenses shall be prosecuted under the general law in a court of criminal jurisdiction:
(1)Murder, as described in Section 187 of the Penal Code, if one of the circumstances enumerated in subdivision (a) of Section 190.2 of the Penal Code is alleged by the prosecutor, and the prosecutor alleges that the minor personally killed the victim.
(2)The following sex offenses, if the prosecutor alleges that the minor personally committed the offense, and if the prosecutor alleges one of the circumstances enumerated in the One Strike law, subdivision (d) or (e) of Section 667.61 of the Penal Code, applies:
(A)Rape, as described in paragraph (2) of subdivision (a) of Section 261 of the Penal Code.
(B)Spousal rape, as described in paragraph (1) of subdivision (a) of Section 262 of the Penal Code.
(C)Forcible sex offenses in concert with another, as described in Section 264.1 of the Penal Code.
(D)Forcible lewd and lascivious acts on a child under 14 years of age, as described in subdivision (b) of Section 288 of the Penal Code.
(E)Forcible sexual penetration, as described in subdivision (a) of Section 289 of the Penal Code.
(F)Sodomy or oral copulation in violation of Section 286 or 288a of the Penal Code, by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(G)Lewd and lascivious acts on a child under 14 years of age, as defined in subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision (d) of Section 1203.066 of the Penal Code.
(c)(1)Notwithstanding subdivision (a), the juvenile court may dismiss a petition upon a finding that the juvenile who is alleged to have violated Section 653.23 or subdivision (b) of Section 647 of the Penal Code did so due to coercion or duress.
(2)For purposes of this subdivision, the following definitions apply:
(A)“Coercion” means a scheme, plan, or pattern intended to cause a person to believe that failure to perform the act would result in serious harm to, or physical restraint against, a person; the abuse or threatened abuse of legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment.
(B)“Duress” means a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act that he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
(C)“Serious harm” means any harm, whether physical or nonphysical, including, but not limited to, psychological, financial, or reputational harm, that is sufficiently serious, under all surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sexual acts in order to avoid incurring that harm.

Summary: Existing law, until July 1, 2017, authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined. This bill, commencing with July 1, 2017, would authorize a pupil attending a school in a school district of choice on or before July 1, 2017, to continue to attend that school if the school district of choice authorizes the pupil to do so. Existing law makes a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, guilty of a misdemeanor that is punishable by imprisonment in a county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law specifies circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution. This bill would establish additional circumstances that may be used to determine if a person has committed that offense, including, but not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution. Under existing law, a person who is under 18 years of age when he or she violates the law may be adjudged a ward of the court. This bill would authorize a court to dismiss the petition against the juvenile upon a finding that he or she committed certain acts of prostitution due to coercion or duress, as defined.

An act to
amend Section 653.23 of the Penal Code, and to amend Section 602 of the Welfare and Institutions Code, relating to prostitution.
add Article 7.5 (commencing with Section 48317) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school attendance.


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

SECTION 1.
Section 2830 of the Public Utilities Code is amended to read:
2830.
(a) As used in this section, the following terms have the following meanings:
(1) “Benefiting account” means an electricity account, or more than one account, that satisfies either of the following:
(A) The account or accounts are located within the geographical boundaries of a local government or, for a campus, within the geographical boundary of the city, county, or city and county in which the campus is located, with the account or accounts being mutually agreed upon by the local government or campus and an electrical corporation.
(B) The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation.
(2) “Bill credit” means an amount of money credited to a benefiting account that is calculated based upon the time-of-use electricity generation component of the electricity usage charge of the generating account, multiplied by the quantities of electricity generated by an eligible renewable generating facility that are exported to the grid during the corresponding time period. Electricity is exported to the grid if it is generated by an eligible renewable generating facility, is not utilized onsite by the local government, and the electricity flows through the meter site and on to the electrical corporation’s distribution or transmission infrastructure.
(3) “Campus” means an individual community college campus, individual California State University campus, or individual University of California campus.
(4) “Eligible renewable generating facility” means a generation facility that meets all of the following requirements:
(A) Has a generating capacity of no more than five megawatts.
(B) Is an eligible renewable energy resource, as defined in Article 16 (commencing with Section 399.11) of Part 1.
(C) Is located within the geographical boundary of the local government or, for a campus, within the geographical boundary of the city or city and county, if the campus is located in an incorporated area, or county, if the campus is located in an unincorporated area.
(D) Is owned by, operated by, or on property under the control of the local government or campus.
(E) Is sized to offset all or part of the electrical load of the benefiting account. For these purposes, premises that are leased by a local government or campus are under the control of the local government or campus.
(5) “Generating account” means the time-of-use electric service account of the local government or campus where the eligible renewable generating facility is located.
(6) “Local government” means a city, county, whether general law or chartered, city and county, special district, school district, political subdivision, other local public agency, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, but shall not mean the state, any agency or department of the state, other than an individual campus of the University of California or the California State University, or any joint powers authority that has as members public agencies located in different counties or different electrical corporation service territories, or that has as a member the federal government, any federal department or agency, this or another state, or any department or agency of this state or another state.
(b) Subject to the limitation in subdivision (h), a local government may elect to receive electric service pursuant to this section if all of the following conditions are met:
(1) The local government designates one or more benefiting accounts to receive a bill credit.
(2) A benefiting account receives service under a time-of-use rate schedule.
(3) The benefiting account is the responsibility of, and serves property that is owned, operated, or on property under the control of the same local government that owns, operates, or controls the eligible renewable generating facility.
(4) The electrical output of the eligible renewable generating facility is metered for time of use to allow calculation of the bill credit based upon when the electricity is exported to the grid.
(5) All costs associated with the metering requirements of paragraphs (2) and (4) are the responsibility of the local government.
(6) All costs associated with interconnection are the responsibility of the local government. For purposes of this paragraph, “interconnection” has the same meaning as defined in Section 2803, except that it applies to the interconnection of an eligible renewable generating facility rather than the energy source of a private energy producer.
(7) The local government does not sell electricity exported to the electrical grid to a third party.
(8) All electricity exported to the grid by the local government that is generated by the eligible renewable generating facility becomes the property of the electrical corporation to which the facility is interconnected, but shall not be counted toward the electrical corporation’s total retail sales for purposes of Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1. Ownership of the renewable energy credits, as defined in Section 399.12, shall be the same as the ownership of the renewable energy credits associated with electricity that is net metered pursuant to Section 2827.
(9) An electrical corporation shall not be required to compensate a local government for electricity generated from an eligible renewable facility pursuant to this section in excess of the bill credits applied to the designated benefiting account. A local government renewable generation facility participating pursuant to this section shall not be eligible for any other tariff or program that requires an electrical corporation to purchase generation from that facility while participating in the local government renewable energy self-generation program pursuant to this section.
(c) (1) A benefiting account shall be billed for all electricity usage, and for each bill component, at the rate schedule applicable to the benefiting account, including any cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code.
(2) The bill shall then subtract the bill credit applicable to the benefiting account. The generation component credited to the benefiting account shall not include the cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. The electrical corporation shall ensure that the local government receives the full bill credit.
(3) If, during the billing cycle, the generation component of the electricity usage charges exceeds the bill credit, the benefiting account shall be billed for the difference.
(4) If, during the billing cycle, the bill credit applied pursuant to paragraph (2) exceeds the generation component of the electricity usage charges, the difference shall be carried forward as a financial credit to the next billing cycle.
(5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a 12-month period, any remaining credit resulting from the application of this section shall be reset to zero.
(d) The commission shall ensure that the transfer of a bill credit to a benefiting account does not result in a shifting of costs to bundled service subscribers. The costs associated with the transfer of a bill credit shall include all billing-related expenses.
(e) Not more frequently than once per year, and upon providing the electrical corporation with a minimum of 60 days’ notice, the local government may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefiting account shall be applied, and may only be applied, to a benefiting account as changed.
(f) A local government shall provide the electrical corporation to which the eligible renewable generating facility will be interconnected with not less than 60 days’ notice prior to the eligible renewable generating facility becoming operational. The electrical corporation shall file an advice letter with the commission that complies with this section not later than 30 days after receipt of the notice proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff or specify conforming changes to be made by the electrical corporation to be filed in a new advice letter.
(g) The local government may terminate its election pursuant to subdivision (b), upon providing the electrical corporation with a minimum of 60 days’ notice. Should the local government sell its interest in the eligible renewable generating facility, or sell the electricity generated by the eligible renewable generating facility, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (3) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account.
(h) An electrical corporation is not obligated to provide a bill credit to a benefiting account that is not designated by a local government prior to the point in time that the combined statewide cumulative rated generating capacity of all eligible renewable generating facilities within the service territories of the state’s three largest electrical corporations reaches 250 megawatts. Only those eligible renewable generating facilities that are providing bill credits to benefiting accounts pursuant to this section shall count toward reaching this 250-megawatt limitation. Each electrical corporation shall only be required to offer service or contracts under this section until that electrical corporation reaches its proportionate share of the 250-megawatt limitation based on the ratio of its peak demand to the total statewide peak demand of all electrical corporations.
(i) This chapter does not apply to an electrical corporation with 60,000 or fewer customer accounts.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Under existing law, the Public Utilities Commission is vested with regulatory authority over public utilities. Existing law authorizes a local governmental entity, except a joint powers authority, to receive a bill credit to a designated benefiting account, for electricity exported to the electrical grid by an eligible renewable generating facility and requires the commission to adopt a rate tariff for the benefiting account. This bill would include as a local governmental entity for this purpose a joint powers authority, except as specified. Under existing law, a violation of the Public Utilities Act or an order or direction of the commission is a crime. Because the provisions of this bill would require an order or other action of the commission to implement and a violation of that order or action would be a crime, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 2830 of the Public Utilities Code, relating to renewable energy.