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

SECTION 1.
The Legislature finds and declares both of the following:
(a) The earthquake that struck Napa on August 24, 2014, was a catastrophic event that resulted in economic hardship in the County of Napa.
(b) It is in the best interests of the citizens of the County of Napa that the exception, established by this law, to the tied-house provisions of the Alcoholic Beverage Control Act be provided for the benefit of the County of Napa.
SEC. 2.
Section 25503.40 is added to the Business and Professions Code, to read:
25503.40.
(a) Notwithstanding any other law, a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, unless the holder of the importer’s license holds one of the other authorized licenses specified in this section, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company subject to all of the following conditions:
(1) (A) The live entertainment marketing company is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, that may also own interests, directly or indirectly, in retail licenses or winegrower licenses.
(B) The venue of the event is located within the County of Napa, expected attendance of the event is at least 5,000 people per day, and no more than three of these events are held in the County of Napa each year. The live entertainment company promoting the event shall affirmatively represent and warrant in writing to any retail licensee operating as the retail licensee for such an event that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day. Any retail licensee operating as the retail licensee for an event in the County of Napa for an event with expected attendance of more than 5,000 people per day shall provide the written representation and warranty of the live entertainment company to the department and affirmatively state when obtaining the authorization for the event from the department that the event is being held pursuant to the conditions of this section and that the live entertainment company promoting the event, including the subject event, has not exceeded the permissible limit of three events in the County of Napa for the year in which the event is being held and the expected attendance for the event is in excess of 5,000 people per day.
(2) The sponsorship and the advertising space or time is purchased only in connection with the promotion of live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, and lawfully permitted to be used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events.
(3) (A) Any on-sale licensee operating at a venue where live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events are performed pursuant to a sponsorship described in this section or where advertising is purchased as described in this section shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent.
(B) Any on-sale retail licensee owned by the live entertainment company described in paragraph (1) shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler in addition to any brand manufactured or distributed by the sponsoring or advertising beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent.
(4) (A) Advertising space or time purchased pursuant to this section shall not be placed in any on-sale licensed premises where the on-sale retail licensee is owned directly or indirectly by the live entertainment company, or any of its subsidiaries, described in paragraph (1).
(B) Sponsorship provided pursuant to this section shall not be allowed if the event or activity is held at or in any on-sale licensed premises where the on-sale retail licensee is owned by the live entertainment company, or any of its subsidiaries, described in paragraph (1).
(5) An agreement for the sponsorship of, or for the purchase of advertising space and time during, a live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment event shall not be conditioned directly or indirectly, in any way, on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by the advertising or sponsoring beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent by the live entertainment company described in paragraph (1) or by any on-sale retail licensee that is owned directly or indirectly by the live entertainment company.
(b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent and the live entertainment marketing company.
(c) Any beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200.
(d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200.
(e) For purposes of this section, “beer manufacturer” includes a holder of a beer manufacturer’s license, a holder of an out-of-state beer manufacturer’s certificate, or a holder of a beer and wine importer’s license that does not also hold a wholesaler or retail license as an additional license.
(f) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale retail licensee.
(g) Nothing in this section shall authorize a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division.
(h) The Legislature finds and declares both of the following:
(1) It is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques.
(2) Any exception established by the Legislature to the general prohibition against tied interests shall be limited to the express terms of the exception so as not to undermine the general prohibition.
(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed unless a later enacted statute, that is chaptered before January 1, 2019, deletes or extends that date.
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 conditions located in the County of Napa.
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 generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. This bill would expressly authorize, until January 1, 2019, a beer manufacturer, as described, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license that does not also hold a wholesaler or retail license as an additional license, as specified, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that is not publicly traded and has its principal place of business in the County of Napa, under specified conditions. The bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of any importer’s license, distilled spirits manufacturer, holder of any rectifier’s license, or a distilled spirits manufacturer’s agent to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa. 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 Section 25503.40 of the Business and Professions Code, relating to alcoholic beverages.


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

SECTION 1.
Section 30000 of the Penal Code is amended to read:
30000.
(a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to
cross-reference
identify
persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.
(b)
The
Except as provided in subdivision (c), the
information contained in the Prohibited Armed Persons File shall
only
be available
only
to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms.
(c) The Department of Justice shall provide access to the Prohibited Armed Persons File to the Department of Motor Vehicles for purposes of complying with Sections 4750 and 12805 of the Vehicle Code.
SEC. 2.
Section 4750 of the Vehicle Code is amended to read:
4750.
The department shall refuse registration, or renewal or transfer of registration, upon any of the following grounds:
(a) The application contains any false or fraudulent statement.
(b) The required fee has not been paid.
(c) The registration, or renewal or transfer of registration, is prohibited by the requirements of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(d) The owner of a heavy vehicle, which is subject to the heavy vehicle use tax imposed pursuant to Section 4481 of Title 26 of the United States Code, has not presented sufficient evidence, as determined by the department, that the tax for the vehicle has been paid pursuant to that section.
(e) Evidence of financial responsibility,
that
which
is required for a vehicle registration renewal
where
when
there is no change in registered owner, has not been provided to the department pursuant to Section 4000.37 or electronically. This subdivision does not apply to any of the following:
(1) A vehicle for which a certification has been filed pursuant to Section 4604, until the vehicle is registered for operation upon the highway.
(2) A vehicle owned or leased by, or under the direction of, the United States or any public entity that is included in Section 811.2 of the Government Code.
(3) A vehicle registration renewal application
where
when
there is a change of registered owner.
(f) (1) The department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code.
(2) The department shall, before registering a vehicle, or renewing or transferring the registration of a vehicle, access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person.
SEC. 3.
Section 12805 of the Vehicle Code is amended to read:
12805.
The department shall not issue a driver’s license to, or renew
a
the
driver’s license of, any person:
(a) Who is not of legal age to receive a driver’s license.
(b) Whose best corrected visual acuity is 20/200 or worse in that person’s better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards.
(c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways.
(d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway.
(e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator’s or chauffeur’s license issued by this state and valid on September 11, 1957.
(f) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed.
(g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has
terminated, except that the
terminated. The
department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.
(h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs
first, except that the
first. The
department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.
(i) (1) Who the department determines is listed as a prohibited person in the Prohibited Armed Persons File, pursuant to Section 30000 of the Penal Code.
(2) The department shall, before issuing or renewing a driver’s license, access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.

Summary: Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law restricts the access of that database to specified entities, including, among others, the courts, and specified law enforcement and prosecutorial entities. This bill would require the Department of Justice to allow the Department of Motor Vehicles to access the database in connection with the registration of vehicles and the issuance and renewal of driver’s licenses. Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse registration, or renewal or transfer of registration, of a vehicle, including, among others, when the application contains a false or fraudulent statement, or the required fee has not been paid. This bill would additionally require the department to refuse registration, or renewal or transfer of registration, of a vehicle, when the department determines that the person to whom the vehicle is, or will be, registered is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before registering a vehicle, or renewing or transferring the registration of a vehicle, to access the Prohibited Armed Persons File to determine if the person to whom the vehicle is, or will be, registered is listed as a prohibited person. Existing law prescribes certain instances when the Department of Motor Vehicles is required to refuse to issue or renew a driver’s license, including, among others, when the person seeking the license is not of legal age to receive a driver’s license. This bill would additionally require the department to refuse to issue or renew the driver’s license of a person who the department determines is listed as a prohibited person in the Prohibited Armed Persons File. The bill would require the department, before issuing or renewing a driver’s license, to access the Prohibited Armed Persons File to determine if the person applying for, or renewing, the driver’s license is listed as a prohibited person.

An act to amend Section 30000 of the Penal Code, and to amend Sections 4750 and 12805 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Los Angeles River has a complex ecological and political history. The river originally ran freely along an alluvial flood plain, which today is the City of Los Angeles. In the 1930s, destructive flooding led the United States Army Corps of Engineers to design and build facilities to minimize the impacts of future floods, a process that included lining most of the river with concrete. Since then, the city, county, and federal government have all played a role in restoring the Los Angeles River, including the county’s 1996 adoption of a master plan for developing and restoring the entire Los Angeles River. The City of Los Angeles developed a “revitalization plan” to restore the Upper Los Angeles River, which lies within the city’s boundaries. Most recently, the Corps of Engineers approved “Alternative 20,” a substantial restoration and infrastructure project along the Upper Los Angeles River.
(b) The City of Los Angeles was given responsibility for managing the river’s resources through a charter by the King of Spain at the end of the 18th century. After serious floods in the 1930s, the federal government, through the United States Army Corps of Engineers, stepped in to take responsibility for building and managing infrastructure projects to reduce the risk and damage from flooding, with the county as the local partner. The county also works with the city in managing the Upper Los Angeles River, where court decisions have held that the King of Spain’s charter gives the city “pueblo” water rights with authority to manage the Upper Los Angeles River’s resources. The courts have not given the city authority over the Lower Los Angeles River.
(c) The State of California retains its sovereign authority to manage the rivers within its boundaries, including the Los Angeles River. Historically, however, it has not exercised that authority, due to the dominance of the United States Army Corps of Engineers in partnership with the county. The county’s master plan addresses the entire river but is close to two decades old, and would benefit from renewed attention to resources and development, especially on the lower river. The Lower Los Angeles River passes through many cities, but not one of these cities has the responsibility and the resources to invest in restoration of that part of the Los Angeles River. There is therefore opportunity and need for the state to aid in the development and implementation of the county’s Master Plan, especially for the Lower Los Angeles River.
(d) In 2014, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which included $60 million for the Los Angeles River, authorizing funding for both the Santa Monica Mountains Conservancy, which has responsibility for the Upper Los Angeles River, and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which has responsibility for the Lower Los Angeles River. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 allocated $30 million to each conservancy for the purpose of multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds.
SEC. 2.
Chapter 6 (commencing with Section 32622) is added to Division 22.8 of the Public Resources Code, to read:
CHAPTER  6. Lower Los Angeles River Working Group
32622.
(a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region.
(b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities.
(c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan.
(d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding.
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 Lower Los Angeles River’s complex ecological and political history and the unique obstacles the local governments of the Lower Los Angeles River encounter when managing the river and its surrounding areas.

Summary: Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the purpose of, among others, providing for the public’s enjoyment and enhancement of recreational and education experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River. This bill would require the Secretary of the Natural Resources Agency to appoint, in consultation with the Los Angeles County Board of Supervisors to the extent the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The bill would require the secretary to consider requests from local agency representatives to participate in the working group and would authorize the working group to include specified representatives. The bill would require, by March 1, 2017, the working group to develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River, that is consistent with, enhances, and is authorized to be incorporated into the County of Los Angeles’s Master Plan, and that includes watershed education programs. The bill would require the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy to provide any necessary staffing to assist the working group. This bill would make legislative findings and declarations as to the necessity of a special statute for the Lower Los Angeles River.

An act to add Chapter 6 (commencing with Section 32622) to Division 22.8 of the Public Resources Code, relating to the Los Angeles River.


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

SECTION 1.
This act shall be known and may be cited as the Big Valley Watermaster District Act. It is intended to supplement the Water Code as follows:
Big Valley Watermaster District Act
Article  1. Creation
101.
This act shall be known, and may be cited, as the Big Valley Watermaster District Act.
102.
(a) A watermaster district is hereby created in Modoc County and Lassen County to be known as the Big Valley Watermaster District.
(b) The district shall be governed by a board of directors as specified in Section 401, shall have boundaries as prescribed in Section 201, and shall exercise the powers granted by this act for purposes of acting as watermaster over those decreed water rights whose places of use are within the Big Valley and for which the Superior Court for the County of Modoc has appointed the district as the watermaster, together with other powers and duties that are granted by this act or reasonably implied and necessary and proper to carry out the purposes of the district, including, but not limited to, any power authorized by the court which appoints the district as watermaster.
(c) The Legislature hereby finds and declares that the cost-effective and responsible enforcement of existing decreed water rights within the Big Valley is in the public interest, and that the creation of a watermaster district that can serve in that capacity after proper appointment by the Superior Court for Modoc County is for the common benefit of the holders of those decreed water rights within the Big Valley and for the protection of agricultural and economic productivity.
Article  2. Boundaries
201.
For the purposes of this act, all of the following townships that lie within the county comprise the territory that is included in the Big Valley Watermaster District:
____
Article  3. Definitions
301.
Unless otherwise indicated by their context, the definitions set forth in this article govern the construction of this act.
302.
“Appointed decree” means a decree for which the district is appointed the watermaster by the court.
303.
“Appointed parcel” means a parcel of real property within the district that is a place of use for water rights under an appointed decree.
304.
“Big Valley” means that portion of the district generally drained by the Pit River.
305.
“Big Valley Service Area” means the territory included in the Big Valley Water District as specified in Section 201.
306.
“Board of directors” or “board” means the board of directors of the district.
307.
“Contracted parcel” means an eligible parcel whose owner has entered into a contract with the district to provide watermaster service for that parcel.
308.
“County” means the County of Lassen, the County of Modoc, or both.
309.
“Court” means the Superior Court for the County of Modoc.
310.
“Decree” means any water right decree, entered by the court, which adjudicates water rights within the county in which the decreed points of diversion are within the Big Valley in the county.
311.
“Department” means the Department of Water Resources.
312.
“District” means the Big Valley Watermaster District.
313.
“Eligible parcel” means a parcel of real property within the district that is a place of use for water rights under a decree that is not an appointed decree, and for which the department is not the watermaster.
314.
“Fund” means the fund designated by the court, or by the district in the absence of a designation by the court, into which charges levied by the district shall be paid by the county upon collection.
315.
“Owner” means a person who is an owner of a parcel of real property within the district that is a place of use for water rights under the decree.
316.
“Person” means any state or local governmental agency, private corporation, firm, partnership, individual, group of individuals, or, to the extent authorized by law, any native tribe or federal agency.
317.
“Voter” means a holder of water rights whose place of use under a decree is an appointed or contracted parcel.
Article  4. General Provisions
401.
(a) The board of directors shall govern the district and shall exercise the powers of the district as set forth in this act.
(b) Except as specified in subdivision (d), the board of directors of the district shall consist of five members elected at large from the Big Valley Service Area. Each director shall be a voter and an owner. The directors shall be elected at large from the Big Valley Service Area.
(c) A quorum of the board of directors shall be three members. A majority of affirmative votes of the full membership of the board shall be required to take an action.
(d) (1) (A) The initial five directors of the district shall be the directors of the Big Valley Water Users Association as of December 31, 2015. Each initial director’s term shall be as specified in subparagraph (B).
(B) For the initial board of directors, in the same sequence as the terms of the directors of the Big Valley Water Users Association, one director’s term shall end March 31, 2016, two directors terms shall end March 31, 2017, and two directors terms shall end March 31, 2018.
(2) After the initial board of directors, each director shall have a term of three years. A person shall be an owner to be elected to the board.
(e) Except as otherwise provided in this act, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall apply to elections within the district.
(f) Any vacancy in the elective office of a member of the board of directors shall be filled pursuant to Section 1780 of the Government Code. Any vacancy in the appointive office of a member of the board of directors shall be filled pursuant to Section 1778 of the Government Code.
402.
(a) For the purposes of the Uniform District Election Law, the district shall be deemed to be a landowner voting district, except that each voter shall have one vote.
(b) In a manner that is consistent with Section 10525 of the Elections Code, for water rights that have multiple holders, the holders shall designate in writing to the district, in accordance with a timetable established by the district, a voter from among their number for voting purposes.
403.
(a) The board of directors shall do all of the following:
(1) Act only by ordinance, resolution, or motion.
(2) Keep a record of all of its actions, including financial transactions.
(3) Adopt rules or bylaws for its proceedings.
(4) Adopt policies for the operation of the district.
(b) The board of directors may do all of the following:
(1) Provide, by ordinance or resolution, that its members may receive their actual and necessary traveling and incidental expenses incurred while on official business. Reimbursement of these expenses is subject to Section 53232.3 of the Government Code. A member of the board of directors may waive any or all of the payments permitted by this paragraph.
(2) Require any employee, officer, or member of the board of directors to be bonded. The district shall pay the cost of the bonds.
(c) Prior to taking office, each director shall take the official oath and execute any bond that may be set by the board.
404.
At the first meeting of the board of directors, and at the first annual meeting each year thereafter, the board of directors shall elect a chairperson and vice chairperson from among its members. The board of directors shall appoint a secretary of the district. The secretary of the district may be a member of the board of directors or a district employee.
405.
Meetings of the board shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
406.
The district shall have the following powers:
(a) Adopt ordinances in accordance with Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code.
(b) Adopt and enforce rules and regulations for the administration, operation, use, and maintenance of the district’s facilities and property.
(c) Sue and be sued in its own name.
(d) Acquire any real or personal property within the district, by contract or otherwise, to hold, manage, occupy, dispose of, convey, and encumber the property, and to create a leasehold interest in the property for the benefit of the district. The district shall not have the power of eminent domain.
(e) Appoint employees, define their qualifications and duties, and provide a schedule of compensation for performance of their duties.
(f) Engage counsel and other professional services.
(g) Enter into and perform all contracts. The district shall follow the procedures that apply to the county, including, but not limited to, the requirements of Article 3.6 (commencing with Section 20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code.
(h) Adopt a seal and alter it.
(i) Take any and all actions necessary for, or incidental to, the powers expressed or implied by this act.
407.
(a) The board of directors shall provide for the preparation of regular audits of the district’s accounts and records pursuant to Section 26909 of the Government Code.
(b) The board of directors shall provide for the preparation of annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
408.
All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code.
409.
The district is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).
410.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Article  5. Powers and Duties
501.
The district shall serve as the watermaster for any appointed decree, including, but not limited to, taking specific actions ordered by the court in the administration of that decree or decrees.
502.
(a) In carrying out its duties as watermaster, the district shall assume all powers and duties of the department set forth in Part 4 (commencing with Section 4000) of Division 2 of the Water Code, except as modified by the court, and as follows:
(1) References to the department in that part shall be deemed to be references to the district.
(2) References to the Water Resources Revolving Fund in that part shall be deemed to be references to the fund.
(b) Charges levied by the district shall comply with Article XIII D of the California Constitution.
503.
The district may enter into an agreement to provide watermaster service to the holders of water rights whose place of use is an eligible parcel if all the holders have executed the agreement. An agreement to provide watermaster services to an eligible parcel shall include a provision that the water right holders agree to pay in full for the service prior to the provision of service. The amount to be paid shall be determined to ensure that the provision of the watermaster service to contracted parcels does not increase the cost of the watermaster service to appointed parcels.
504.
Amounts owed to the county for services provided to the district by the county shall be included in the district’s budget for each watermaster service area. The watermaster service areas for which these amounts have been incurred shall be identified and accounted for in the budget.
SEC. 2.
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 and special water problems in the area of the Big Valley Water District that make this special law necessary for the conservation, development, control, and use of that water for the public good.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: Existing law provides for the establishment of watermaster service areas by the Department of Water Resources for the purposes of ensuring the most practical and economic supervision of the distribution of water. Existing law specifies that upon the submission of a specified petition to a court in which a relevant judicial decree has been entered, the court may appoint a public agency as a watermaster to replace the watermaster appointed by the department. This bill would create a watermaster district with unspecified boundaries within the Counties of Lassen and Modoc to be known as the Big Valley Watermaster District. The bill would generally specify the powers and purposes of the district. The bill would prescribe the composition of the board of directors of the district. The bill would require the district to provide watermaster service on behalf of water right holders whose place of use under an appointed decree, as defined, is a parcel of real property within the district. The bill would authorize the district to enter into an agreement to provide watermaster service to water right holders whose place of use is an eligible parcel, as defined. The bill would require the board of directors of the district to provide for the preparation of regular audits of the district’s accounts and records and specified annual financial reports. By imposing duties on the district and the Counties of Lassen and Modoc in connection with the operation of the 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 no reimbursement is required by this act for a specified reason. This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Valley Water District.

An act to create the Big Valley Watermaster District, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts.


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

SECTION 1.
Section 4000.5 of the Elections Code is amended to read:
4000.5.
(a) Notwithstanding Section 4000 or any other law, as a pilot program, an all-mailed ballot special election or special consolidated election in San Diego County may be conducted by an eligible entity if the special election or special consolidated election is any of the following:
(1) A special election to fill a vacancy in a congressional or legislative office.
(2) A special election to fill a vacancy in the legislative body or governing body.
(3) A special election conducted pursuant to Chapter 2 (commencing with Section 9100), Chapter 3 (commencing with Section 9200), Chapter 4 (commencing with Section 9300), Chapter 5 (commencing with Section 9400), or Chapter 6 (commencing with Section 9500) of Division 9.
(b) A special election or special consolidated election described in paragraphs (1) to (3), inclusive, of subdivision (a), may be conducted wholly as an all-mailed ballot election if all of the following apply:
(1) (A) For a special election to fill a vacancy in a congressional or legislative office, the Board of Supervisors of San Diego County, by resolution, authorizes the use of mailed ballots for the election and the congressional or legislative district lies wholly within San Diego County.
(B) For all other special elections the legislative body or governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election.
(2) The election does not occur on the same date as a statewide direct primary election, statewide general election, or any other election conducted in an overlapping jurisdiction that is not consolidated and conducted wholly by mail.
(3) (A) If the boundaries of the jurisdiction of the eligible entity overlap with the boundaries of a city, at least one ballot dropoff location is provided per city that is open during business hours to receive voted ballots beginning not less than seven days before the date of the election.
(B) The number of dropoff locations in unincorporated areas shall be based on the number of unincorporated registered voters divided by 100,000 (rounded to the next whole number) with no less than one location to be selected.
(C) A ballot dropoff 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.
(4) On at least one Saturday and Sunday on or after the date the elections official first delivers ballots to voters, the elections official allows any voter to vote the ballot at a satellite location within the jurisdiction of the eligible entity pursuant to Section 3018. The elections official shall determine the hours of operation for each Saturday and Sunday, provided that the satellite location is open to voters for a minimum of six hours on each designated Saturday and Sunday.
(5) (A) At least one polling place is provided per eligible entity or the polling places are fixed in a manner so that there is one polling place for every 10,000 registered voters within the jurisdiction of the eligible entity, as determined on the 88th day before the day of the election, whichever results in more polling places. A polling place shall allow a voter to request and vote a ballot between 7 a.m. and 8 p.m. on the day of the election.
(B) The polling places provided under this section shall be established in accordance with the accessibility requirements described in Article 5 (commencing with Section 12280) of Chapter 3 of Division 12, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), and shall, to the extent possible, ensure that access is evenly distributed throughout the jurisdiction of the eligible entity.
(C) The polling places provided under this section shall be established at accessible locations and shall be equipped with voting units or systems that are accessible to individuals with disabilities and that provide the same opportunity for access and participation as is provided to voters who are not disabled, including the ability to vote privately and independently in accordance with Sections 12280 and 19240.
(D) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), the elections official shall ensure that the polling place is staffed by precinct board members who speak that language.
(E) If a polling place consolidates one or more precincts for which the elections official is required to recruit precinct board members who are fluent in a language in addition to English pursuant to subdivision (c) of Section 12303, the elections official shall make reasonable efforts to ensure that the polling place is staffed by precinct board members who speak that language.
(6) (A) 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.
(B) The elections official delivers to each voter, with either the sample ballot sent pursuant to Section 13303 or with the voter’s ballot, all of the following:
(i) A notice, translated in all languages required under subdivision (c) of Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.), that informs voters of all of the following:
(I) An all-mailed ballot election is being conducted and each eligible voter will receive a ballot by mail.
(II) The voter may cast a ballot in person at a satellite location provided for under paragraph (4) or at a polling place on election day.
(III) The voter may request the elections official to send a vote by mail ballot in a language other than English pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or a facsimile copy of the ballot printed in a language other than English pursuant to Section 14201.
(ii) A list of the ballot dropoff locations, satellite locations, and polling places established pursuant to this section. The list shall also be posted on the Internet Web site of the elections official.
(iii) A postage-paid postcard that the voter may return to the elections official for the purpose of requesting a vote by mail ballot in a language other than English.
(7) (A) The elections official submits to the Secretary of State a voter education and outreach plan to be implemented by the eligible entity for any election conducted pursuant to this section. The voter education and outreach plan shall include, but shall not be limited to, all of the following:
(i) One education and outreach meeting that includes representatives, advocates, and other stakeholders representing each community for which the eligible entity is required to provide voting materials and assistance in a language other than English under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(ii) One education and outreach meeting that includes representatives from community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.
(iii) At least one in-person bilingual voter education workshop for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(iv) At least one in-person voter education workshop to increase accessibility for participation of eligible voters with disabilities.
(v) A toll-free voter assistance hotline maintained by the elections official that is operational no later than the date that vote by mail ballots are mailed to voters until 5 p.m. on the day after the special election. The toll-free voter assistance hotline shall provide assistance to voters in all languages in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(vi) At least one public service announcement in the media, including newspapers, radio, and television, that serve English-speaking citizens for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.
(vii) At least one public service announcement in the media, including newspapers, radio, and television, that serve non-English-speaking citizens for each language in which the eligible entity is required to provide voting materials and assistance under subdivision (c) of Section 14201 and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) for purposes of informing voters of the upcoming election and promoting the toll-free voter assistance hotline.
(viii) A voter education social media strategy that is developed in partnership with community organizations and individuals that advocate on behalf of, or provide services to, non-English-speaking individuals and individuals with disabilities.
(B) The voter education and outreach plan shall be posted on the Internet Web site of the Secretary of State and on the Internet Web site of the elections official.
(c) Except as otherwise provided in this section, the election day procedures shall be conducted in accordance with Division 14 (commencing with Section 14000).
(d) The elections official may provide, at his or her discretion, additional ballot dropoff locations and polling places for purposes of this section.
(e) The return of voted mail ballots is subject to Sections 3017 and 3020.
(f) (1) If the eligible entity conducts a special election pursuant to this section, it may process vote by mail ballot return envelopes beginning 29 days before the election. Processing vote by mail ballot return envelopes may include verifying the voter’s signature on the vote by mail ballot return envelope and updating voter history records.
(2) If the eligible entity conducts a special election pursuant to this section, it may start to process vote by mail ballots on the 10th business day before the election. Processing vote by mail ballots includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, but under no circumstances shall a vote count be accessed or released until 8 p.m. on the day of the election.
(g) Results of any vote by mail ballot tabulation or count shall not be released before the close of the polls on the day of the election.
(h) For the sole purpose of reporting the results of an election conducted pursuant to this section, upon completion of the ballot count, the elections official shall divide the jurisdiction into precincts pursuant to Article 2 (commencing with Section 12220) of Chapter 3 of Division 12 and shall prepare a statement of the results of the election in accordance with Sections 15373 and 15374.
(i) The elections official shall compile an index, list, or file of all persons who voted in an election conducted pursuant to this section. If the elections official uses data-processing equipment to compile the index, list, or file, he or she shall retain an accurate copy of that index, list, or file in electronic format for a period of 10 years.
(j) (1) If an election is conducted pursuant to this section, the eligible entity shall report to the Legislature and to the Secretary of State regarding the success of the election, including, but not limited to, all of the following:
(A) Any statistics on the cost to conduct the election.
(B) The turnout of different populations, including, but not limited to, and to the extent possible, the population categories of race, ethnicity, language preference, age, gender, disability, permanent vote by mail status, and political party preference.
(C) The number of ballots that were not counted and the reasons they were rejected.
(D) Voter fraud.
(E) Any other problems that become known to the eligible entity during the election or canvass.
(2) Whenever possible, using the criteria set forth in paragraph (1), the report shall compare the election conducted pursuant to this section to similar elections not conducted pursuant to this section in the same jurisdiction or comparable jurisdictions.
(3) Within six months after the date of the election or before the date of a subsequent election conducted pursuant to this section, whichever is sooner, the eligible entity shall do all of the following with respect to the report required by this subdivision:
(A) Submit the report to the Legislature in compliance with Section 9795 of the Government Code.
(B) Submit the report to the Secretary of State.
(C) Post the report on the Internet Web site of the elections official.
(k) For purposes of this section, “eligible entity” means both of the following:
(1) San Diego County.
(2) A city, school district, community college district, special district, or other district or political subdivision organized pursuant to state law, whose boundaries are located wholly within San Diego County.
(l) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 2.
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 voting behavior, demographic characteristics, and unique special election experiences of San Diego County. It is the intent of the Legislature that the provisions of this act continue the pilot program that may be used for future special elections.

Summary: Existing law authorizes, until January 1, 2020, San Diego County to conduct, as a pilot program, an all-mailed ballot special election or special consolidated election to fill a congressional or legislative vacancy under specified conditions. If such an election is conducted, existing law requires San Diego County to report certain information to the Legislature and the Secretary of State regarding the success of the election. This bill, until January 1, 2021, would authorize San Diego County, or any city, school district, community college district, special district, or other district or political subdivision whose boundaries are located wholly within San Diego County, to conduct an all-mailed ballot special election or special consolidated election to fill a vacancy on the legislative or governing body of those entities. The bill would authorize those entities to also hold an all-mailed ballot special election for county initiatives, city initiatives, district initiatives, bond issues, and school measures conducted pursuant to specified provisions. The bill would extend the pilot program for San Diego County, as described above, until January 1, 2021. The bill would also require certain voter education workshops to be conducted in-person. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

An act to amend Section 4000.5 of the Elections Code, relating to elections.


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

SECTION 1.
Section 1942.5 of the Civil Code is amended to read:
1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 1.5.
Section 1942.5 of the Civil Code is amended to read:
1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of the action.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.
Section 1954.1 of the Civil Code is amended and renumbered to read:
1954.05.
In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord upon a holding-over by the tenant upon the termination of a lease under the circumstances specified herein.
SEC. 3.
Chapter 2.8 (commencing with Section 1954.600) is added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:
CHAPTER  2.8 Bed Bug Infestations
1954.600.
The Legislature finds and declares:
(a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.
(b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.
(c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.
(d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.
(e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.
(f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.
1954.601.
For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.
1954.602
(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.
1954.603.
On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:

Information about Bed Bugs
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about
1/4
of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about
1/16
of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
• Molted bed bug skins, white, sticky eggs, or empty eggshells.
• Very heavily infested areas may have a characteristically sweet odor.
• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

(b) The procedure to report suspected infestations to the landlord.
1954.604.
Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.
1954.605.
The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings.
SEC. 4.
Section 1.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 2881. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 2881, in which case Section 1 of this bill shall not become operative.

Summary: Existing law imposes various obligations on landlords who rent out residential dwelling units, including the general requirement that the building be in a fit condition for human occupation. Among other responsibilities, existing law requires a landlord of a residential dwelling unit to provide each new tenant who occupies the unit with a copy of the notice provided by a registered structural pest control company, as specified, if a contract for periodic pest control service has been executed. This bill would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2017, and to all other tenants by January 1, 2018, information about bed bugs, as specified. The bill would require that the landlord provide notice to the tenants of those units inspected by the pest control operator of the pest control operator’s findings within 2 business days, as specified. The bill would prohibit a landlord from showing, renting, or leasing a vacant dwelling unit that the landlord knows has a bed bug infestation, as specified. This bill would incorporate additional changes to Section 1942.5 of the Civil Code, proposed by AB 2881, that would become operative only if this bill and AB 2881 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

An act to amend Section 1942.5 of, to amend and renumber Section 1954.1 of, and to add Chapter 2.8 (commencing with Section 1954.600) to Title 5 of Part 4 of Division 3 of, the Civil Code, relating to tenancy.


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

SECTION 1.
The heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure is amended to read:
CHAPTER  4.5. Voluntary Expedited Jury Trials
SEC. 2.
Section 630.03 of the Code of Civil Procedure is amended to read:
630.03.
(a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial.
(b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs:
(1) All parties stipulate to end the agreement to participate.
(2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter.
(c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed.
(d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following:
(1) A self-represented litigant.
(2) A minor, an incompetent person, or a person for whom a conservator has been appointed.
(e) The proposed consent order submitted to the court shall include all of the following:
(1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order.
(2) The parties’ agreement to all of the following:
(A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09.
(B) That each side shall have up to five hours in which to complete voir dire and to present its case.
(C) That the jury shall be composed of eight or fewer jurors with no alternates.
(D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04.
(E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court.
(f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety.
SEC. 3.
Section 630.11 of the Code of Civil Procedure is amended to read:
630.11.
The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following:
(a) Additional content of proposed consent orders.
(b) Pretrial exchanges and submissions.
(c) Pretrial conferences.
(d) Presentation of evidence and testimony.
(e) Any other procedures necessary to implement the provisions of this chapter.
SEC. 4.
Section 630.12 of the Code of Civil Procedure is repealed.
SEC. 5.
Chapter 4.6 (commencing with Section 630.20) is added to Title 8 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER  4.6. Mandatory Expedited Jury Trials in Limited Civil Cases
630.20.
(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.
(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:
(1) Punitive damages are sought.
(2) Damages in excess of insurance policy limits are sought.
(3) A party’s insurer is providing a legal defense subject to a reservation of rights.
(4) The case involves a claim reportable to a governmental entity.
(5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing.
(6) The case involves claims of intentional conduct.
(7) The case has been reclassified as unlimited pursuant to Section 403.020.
(8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.
(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.
(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer.
(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried.
630.21.
For purposes of this chapter:
(a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter.
(b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury.
630.22.
(a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders.
(b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions.
630.23.
The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter:
(a) Each side shall have up to five hours in which to complete voir dire and to present its case.
(b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors.
(c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require.
(d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval.
630.24.
Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
630.25.
(a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise.
(b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality.
(c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code.
630.26.
(a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.
(b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties.
630.27.
All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise.
630.28.
The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following:
(a) Pretrial exchanges and submissions.
(b) Pretrial conferences.
(c) Opt-out procedures pursuant to subdivision (b) of Section 630.20.
(d) Presentation of evidence and testimony.
(e) Any other procedures necessary to implement the provisions of this chapter.
630.29.
Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016.
630.30.
This chapter shall remain in effect only until July 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2019, deletes or extends that date.

Summary: Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree that each side has up to 3 hours to present its case and agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016. This bill would modify procedures to provide that each party would have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. The bill would establish procedures for conducting mandatory expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with one alternate, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written highlow agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016. The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.

An act to amend Sections 630.03 and 630.11 of, to amend the heading of Chapter 4.5 (commencing with Section 630.01) of Title 8 of Part 2 of, to add and repeal Chapter 4.6 (commencing with Section 630.20) of Title 8 of Part 2 of, and to repeal Section 630.12 of the Code of Civil Procedure, relating to civil actions.