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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Official court reporters and court reporters pro tempore employed by the courts are currently paid under a dual compensation structure in which the base salary of the court reporter is supplemented by income from preparing required transcripts and providing other required transcription services.
(b) The dual compensation structure protects the state from bearing the full cost of transcript preparation and other transcription services and avoids the resulting consequences of overtime liability related to these services.
(c) The fees for original transcripts prepared by official court reporters and court reporters pro tempore have not been adjusted in 26 years, and fees for copies purchased at the same time as the original transcript have only increased once in 103 years.
(d) In order to ensure full and fair compensation of official court reporters and court reporters pro tempore employed by the court, and in order to attract and retain official court reporters and court reporters pro tempore employed by the courts that have sufficient skills and competence to serve the needs of the justice system, it is imperative that the system of dual compensation provide sufficient payment for transcription services.
(e) Therefore, it is necessary to revise the fees for transcripts prepared by official court reporters and court reporters pro tempore.
SEC. 2.
Section 69950 of the Government Code is amended to read:
69950.
(a) From January 1, 2017, to December 31, 2018, inclusive, the fee for transcription for the original printed copy is ninety-three cents ($0.93) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, sixteen cents ($0.16) for each 100 words.
(b) From January 1, 2017, to December 31, 2018, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-one cents ($0.21) for each 100 words, and for each additional copy, purchased at the same time, sixteen cents ($0.16) for each 100 words.
(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.
(d) 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 enacted before January 1, 2019, deletes or extends that date.
SEC. 3.
Section 69950 is added to the Government Code, to read:
69950.
(a)  From January 1, 2019, to December 31, 2020, inclusive, the fee for transcription for the original printed copy is one dollar and three cents ($1.03) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, eighteen cents ($0.18) for each 100 words.
(b)  From January 1, 2019, to December 31, 2020, inclusive, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-three cents ($0.23) for each 100 words, and for each additional copy, purchased at the same time, eighteen cents ($0.18) for each 100 words.
(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.
(d) This section shall become operative on January 1, 2019.
(e) 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. 4.
Section 69950 is added to the Government Code, to read:
69950.
(a)  On and after January 1, 2021, the fee for transcription for the original printed copy is one dollar thirteen cents ($1.13) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty cents ($0.20) for each 100 words.
(b)  On and after January 1, 2021, the fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty-six cents ($0.26) for each 100 words, and for each additional copy, purchased at the same time, twenty cents ($0.20) for each 100 words.
(c) Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.
(d) This section shall become operative on January 1, 2021.
SEC. 5.
Section 69950.5 is added to the Government Code, to read:
69950.5.
(a) On or before January 1, 2021, the Judicial Council shall report to the Legislature recommendations to increase uniformity in transcript rate expenditures in California. The intent of the report shall be to not reduce the rate of pay or overall compensation to reporters or jeopardize collective bargaining agreements. The Judicial Council shall work in collaboration with key stakeholder groups, including the California Court Reporters Association, the Court Reporters Board of California, and relevant labor unions.
(b) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.
SEC. 6.
Section 69951 of the Government Code is amended to read:
69951.
The fee for transcription is an additional 50 percent for special daily copy service.

Summary: Existing law provides that, except as specified, the fee for original transcripts prepared by an official court reporter or by a court reporter pro tempore is $0.85 for each 100 words, and for each copy purchased at the same time, $0.15 for each 100 words. Existing law provides that, except as specified, the fee for a first copy of a transcript by a person who does not simultaneously purchase the original transcript is $0.20 for each 100 words, and for each additional copy purchased at the same time, $0.15 for each 100 words. Existing law authorizes a court reporter, in civil cases, to charge an additional 50 for special daily copy service. This bill would increase the fee charged for original transcripts and copies purchased at the same time, and copies purchased thereafter without the original transcript, incrementally commencing January 1, 2017, except as specified. The bill would also provide that the fee for transcription is an additional 50 for special daily copy service. The bill would require the Judicial Council to report to the Legislature by January 1, 2021, with regard to transcript fees, as specified.

An act to amend Section 69951 of, to amend, repeal, and add Section 69950 of, and to add and repeal Section 69950.5 of, the Government Code, relating to court reporters.


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

SECTION 1.
It is the intent of the Legislature that the state’s processes for identifying and planning for electrical transmission projects take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley, ” and the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles.
SEC. 2.
Section 399.23 is added to the Public Utilities Code, to read:
399.23.
(a) The Independent System Operator, when undertaking transmission planning activities, shall take into account the May 2016 Solar Convening Report, titled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” and the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles.
(b) The Energy Commission, the commission, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, shall take into account the May 2016 Solar Convening Report and the Garamendi Principles.
SECTION 1.
This act shall be known, and may be cited, as the San Joaquin Valley Clean Energy and Jobs Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a)The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) established a policy to reduce emissions of greenhouse gases to 1990 levels by 2020 and to continue reductions of emissions of greenhouse gases beyond 2020.
(b)The Clean Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015) established further clean energy policies to reduce emissions of greenhouse gases and expand generation from eligible renewable energy resources to at least 50 percent of total retail sales of electricity in California by December 31, 2030.
(c)The San Joaquin Valley remains mired in chronic double digit unemployment, unprecedented rates of poverty, a severe ongoing drought, and poor air quality.
(d)California’s energy sector is undergoing significant advancement and transformation driven by evolving regulation, expanding renewable energy goals, and increasing greenhouse gas emissions reduction efforts.
(e)While rich in natural resources and clean energy opportunities, the San Joaquin Valley has largely been left behind in California’s clean energy revolution. The overwhelming majority of the state’s new transmission assets have been sited in other regions, particularly southern California, and renewable energy resource project investment, jobs, and economic and environmental benefits have followed grid access.
(f)Unlocking the renewable energy potential of the San Joaquin Valley by providing more equitable investment in a clean energy economy should be a key priority of California policymakers.
(g)Timely investment and improved transmission access are critical to the San Joaquin Valley and will allow the region to more effectively and efficiently develop clean energy opportunities at all solar project locations, create jobs, and derive cobenefits for disadvantaged communities.
(h)The Governor’s office has completed the San Joaquin Valley Solar Convening identifying high potential solar energy developments in the San Joaquin Valley that maximize renewable energy benefits and minimize environmental biological and habitat impacts.
(i)The report issued by the University of California in May 2016 on the outcome of the convening, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” identified 470,000 acres of least-conflict land, amounting to roughly 5 percent of the 9.5 million acres in the stakeholder study area.
(j)In order to identify least-conflict lands, the project team convened four stakeholder groups early in the process: (1) an environmental conservation group, (2) an agricultural farmland conservation group, (3) a solar industry group, and (4) a transmission group. An agricultural rangeland stakeholder group was later added to gain a better understanding of regional land value from this stakeholder perspective.
(k)The project team generated the final result, the composite least-conflict area, using the information developed with the solar industry, environmental conservation, and agricultural farmland conservation stakeholder groups.
(l)Given the proximity to existing transmission corridors, solar projects in the San Joaquin Valley can be developed in a way that minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles.
(m)As future clean energy investments are planned and implemented, state officials must ensure an appropriate share is targeted to improve environmental quality, expand economic development, contribute to environmental solutions, and create jobs in the San Joaquin Valley.
SEC. 3.
Section 399.23 is added to the
Public Utilities Code
, to read:
399.23.
(a)The commission and the Energy Commission shall evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley. Evaluation of projects that provide the following benefits or attributes shall be prioritized:
(1)The economically viable and environmentally beneficial reuse of drainage-impaired agricultural lands.
(2)The retirement of drainage-impaired agricultural land and facilitation of regional agricultural drainage solutions.
(3)The facilitation of surface water supply redirection from drainage-impaired agricultural lands to other productive agricultural land.
(b)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes the amount of electricity to be generated from eligible renewable energy resources, consistent with the state’s overall need for electricity and the requirements of this article, and that accomplishes all of the following:
(1)Takes into account the 470,000 acres identified in the Governor’s May 2016 Solar Convening Report, entitled “A Path Forward: Identifying Least-Conflict Solar PV Development in California’s San Joaquin Valley,” along with all other lands in the Central Valley that have entitlements for solar development.
(2)Provides eligible renewable energy resources within the San Joaquin Valley with full capacity deliverability status.
(3)Minimizes the need for new transmission by prioritizing the use of existing transmission corridors consistent with the principles of transmission corridor planning developed by the Energy Commission in response to Senate Bill 2431 (Chapter 1457 of the Statutes of 1988), known as the Garamendi Principles.
(c)Using the results of the evaluation, on or before January 31, 2017, the commission and the Energy Commission shall recommend to the Independent System Operator any network transmission upgrades needed to fulfill the recommendations made pursuant to subdivision (b). This recommendation shall seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with the Garamendi Principles of transmission corridor planning.

Summary: Existing law relative to electrical restructuring, within the Public Utilities Act, establishes the Independent System Operator to ensure the efficient use and reliable operation of the electric transmission grid. The California Renewables Portfolio Standard Program requires the Public Utilities Commission (PUC) to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatthours sold to their retail end-use customers achieves 25 of retail sales by December 31, 2016, 33 by December 31, 2020, 40 by December 31, 2024, 45 by December 31, 2027, and 50 by December 31, 2030. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the procurement requirements established by the program. The Renewable Energy Transmission Initiative is a statewide initiative to help identify transmission projects to accommodate the state’s renewable energy goals. This bill would require the PUC and the State Energy Resources Conservation and Development Commission to evaluate, while taking into consideration ratepayer costs and benefits, potential eligible renewable energy resource projects in the San Joaquin Valley that provide specified benefits or attributes. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using that evaluation, to recommend to the Independent System Operator an amount of electricity to be generated from eligible renewable energy resources in the San Joaquin Valley that reasonably maximizes, consistent with the state’s overall need for electricity and the California Renewables Portfolio Standard Program, the amount of electricity to be generated from eligible renewable energy resources that accomplishes specified objectives. The bill would require the PUC and the Energy Commission, on or before January 31, 2017, using the results of the evaluation, to recommend to the Independent System Operator any network transmission upgrades needed to fulfill the above-described generation quantity recommendations and would require that the transmission upgrade recommendations seek to minimize the need for new transmission by prioritizing the use of existing transmission corridors consistent with specified principles developed by the Energy Commission. This bill would require the Independent System Operator, when undertaking transmission planning activities, to take into account a specified report relating to solar photovoltaic system development in the San Joaquin Valley and specified principles of transmission corridor planning developed by the State Energy Resources Conservation and Development Commission . The bill would require the Energy Commission, the PUC, and the Independent System Operator, when undertaking activities as part of the Renewable Energy Transmission Initiative, to take into account the above-specified report and principles.

An act to add Section 399.23 to the Public Utilities Code, relating to electricity.


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

SECTION 1.
Section 11450 of the Welfare and Institutions Code is amended to read:
11450.
(a) (1) (A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):
Number of
eligible needy
persons in
the same home
Maximum
aid
1 ........................
$  326
2 ........................
535
3 ........................
663
4 ........................
788
5 ........................
899
6 ........................
1,010
7 ........................
1,109
8 ........................
1,209
9 ........................
1,306
10 or more ........................
1,403
(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that
no
any
increase or decrease shall
not
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and
no
a
further reduction shall
not
be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2)  Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c) The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f) After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for special needs.
(1) An allowance for special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the special needs items. The sum of all special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3) (A) (i)
A
Once per calendar year, a
special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii) This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 30 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing
which
that
shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B) (i) A special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii) The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C) The special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities
which
that
are necessary for the health and safety of the family.
(D) A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E) (i) A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(ii) A family shall be eligible for temporary and permanent housing assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iii) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (ii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(iv) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H) The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g) The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h) The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i) (1) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(2) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387.
(k) (1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
(l) This section shall become operative on July 1, 2015.
SEC. 2.
No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. As part of the CalWORKs program, a homeless family that has used all available liquid resources in excess of $100 may be eligible for homeless assistance benefits to pay the costs of temporary shelter. The CalWORKs program also provides permanent housing assistance to pay rent or a security deposit, as specified, in order to secure housing for the family or prevent eviction. Under existing law, eligibility for homeless assistance is limited to one period of up to 16 consecutive days in a lifetime, and eligibility for permanent housing assistance is limited to one payment of assistance, subject to specified exceptions for homelessness caused by domestic violence, illness, or sudden or unusual circumstances beyond the control of the family. Existing law authorizes a county to require certain recipients of homeless assistance to participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. This bill would increase the duration of homeless assistance benefits to 30 days and would delete the limitation on the number of times a recipient may receive homeless assistance or permanent housing assistance benefits. The bill would limit the number of times a family may receive temporary shelter assistance to once per year. The bill would also delete the authority for the county to require a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. Because this bill would increase the administrative duties of counties, it would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. 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 11450 of the Welfare and Institutions Code, relating to CalWORKs.


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

SECTION 1.
Section 103526 of the Health and Safety Code is amended to read:
103526.
(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury that the applicant is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525.
(2) A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the applicant is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
(3) (A) If a request for a certified copy of a birth, death, or marriage record is made electronically, the official may accept an electronic verification authenticating the identity of the applicant using a multilayered remote identity proofing process that complies with all of the following requirements:
(i) Meets or exceeds the National Institute of Standards and Technology (NIST) electronic authentication guideline for multilayered remote identity proofing.
(ii) (I) Verifies all of the following information provided by the applicant:
(ia) A valid government-issued identification number.
(ib) A financial or utility account number.
(II) The verification pursuant to this subparagraph shall occur through record checks with the state or local agency or a credit reporting agency or similar database and shall confirm that the name, date of birth, address, or other personal information in the record checks are consistent with the information provided by the applicant.
(iii) Meets or exceeds the information security requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code) and the Federal Information Security Management Act of 2002 (Public Law 107-347) and all other applicable state and federal laws and regulations to protect the personal information of the applicant and guard against identity theft.
(iv) Retains for each electronic verification, as required by the NIST electronic authentication guideline, a record of the applicant whose identity has been verified and the steps taken to verify the identity.
(B) If an applicant’s identity cannot be established electronically pursuant to this paragraph, the applicant shall include with his or her request a statement of identity notarized pursuant to paragraph (1).
(4) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record.
(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information.
(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law.
(c) For purposes of this section, an “authorized person” means:
(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage.
(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following:
(A) The registrant or a parent or legal guardian of the registrant.
(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code.
(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business.
(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant.
(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate.
(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of an individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100.
(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty.
(e) Notwithstanding any other law:
(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a).
(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a).
(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database.
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section by the act that added this subdivision through an all-county letter or similar instructions from the State Registrar without taking regulatory action.
(h) 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.
Section 103526 is added to the Health and Safety Code, to read:
103526.
(a) (1) If the State Registrar, local registrar, or county recorder receives a written, faxed, or digitized image of a request for a certified copy of a birth, death, or marriage record pursuant to Section 103525 that is accompanied by a notarized statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the requester is an authorized person, as defined in this section, that official may furnish a certified copy to the applicant pursuant to Section 103525. A faxed or digitized image of the notary acknowledgment accompanying a faxed request received pursuant to this subdivision for a certified copy of a birth, death, or marriage record shall be legible and, if the notary’s seal is not photographically reproducible, show the name of the notary, the county of the notary’s principal place of business, the notary’s telephone number, the notary’s registration number, and the notary’s commission expiration date typed or printed in a manner that is photographically reproducible below, or immediately adjacent to, the notary’s signature in the acknowledgment. If a request for a certified copy of a birth, death, or marriage record is made in person, the official shall take a statement sworn under penalty of perjury that the requester is signing his or her own legal name and is an authorized person, and that official may then furnish a certified copy to the applicant.
(2) For purposes of this subdivision, “digitized image” means an image of an original paper request for a certified copy of a birth, death, or marriage record.
(b) (1) If the person requesting a certified copy of a birth, death, or nonconfidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the certified copy provided to the applicant shall be an informational certified copy and shall display a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY.” The legend shall be placed on the certificate in a manner that will not conceal information.
(2) If the person requesting a certified copy of a confidential marriage record is not an authorized person or is an authorized person who is otherwise unable to satisfy the requirements of subdivision (a), the official shall not release a certified copy of the confidential marriage record unless otherwise authorized by law.
(c) For purposes of this section, an “authorized person” means:
(1) For purposes of requests for certified copies of confidential marriage records, only a party to the confidential marriage.
(2) For purposes of requests for certified copies of birth, death, or nonconfidential marriage records, a person who is any of the following:
(A) The registrant or a parent or legal guardian of the registrant.
(B) A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code.
(C) A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business.
(D) A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant.
(E) An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate.
(F) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders certified copies of a death certificate on behalf of any individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100.
(d) A person who asks the agent or employee of a funeral establishment to request a death certificate on his or her behalf warrants the truthfulness of his or her relationship to the decedent, and is personally liable for all damages occasioned by, or resulting from, a breach of that warranty.
(e) Notwithstanding any other law:
(1) A member of a law enforcement agency or a representative of a state or local government agency, as provided by law, who orders a copy of a record to which subdivision (a) applies in conducting official business shall not be required to provide the notarized statement required by subdivision (a).
(2) An agent or employee of a funeral establishment who acts within the course and scope of his or her employment and who orders death certificates on behalf of individuals specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 shall not be required to provide the notarized statement required by subdivision (a).
(f) Informational certified copies of birth and death certificates issued pursuant to subdivision (b) shall only be printed from the single statewide database prepared by the State Registrar and shall be electronically redacted to remove any signatures for purposes of compliance with this section. Local registrars and county recorders shall not issue informational certified copies of birth and death certificates from a source other than the statewide database prepared by the State Registrar. This subdivision shall become operative on July 1, 2007, but only after the statewide database becomes operational and the full calendar year of the birth and death indices and images is entered into the statewide database and is available for the respective year of the birth or death certificate for which an informational copy is requested. The State Registrar shall provide written notification to local registrars and county recorders as soon as a year becomes available for issuance from the statewide database.
(g) This section shall become operative January 1, 2021.
SEC. 3.
Section 103527.5 is added to the Health and Safety Code, to read:
103527.5.
(a) On or before January 1, 2019, the State Registrar and any city or county that fulfills electronic requests for certified copies of birth, death, or marriage records without being provided a notarized statement that the requester is an authorized person shall report the following information to the Attorney General, the Assembly and Senate Committee on Judiciary, and the Assembly Committee on Privacy and Consumer Protection:
(1) All of the following nonpersonally identifiable information:
(A) The total number of written, electronic, faxed, or in-person requests that include a notarized statement that the requester is an authorized person.
(B) The total number of electronic requests utilizing the multilayered remote identity proofing process described in Section 103526 that do not include a notarized statement.
(C) The total number of electronic requests denied while using the multilayered remote identity proofing process due to insufficient information or failed authentication.
(D) The total number of repeat electronic requests using the multilayered remote identity proofing process for the same record and the same individual.
(2) A description of the mechanism and process, if any, by which consumers who have been victims of identity theft may temporarily limit electronic access to certified vital records, including all of the following:
(A) The number of consumers who have utilized this mechanism and process.
(B) The total number of electronic requests that utilize the multilayered remote identity proofing process, without a notarized statement, requesting records of consumers who have used the temporary limited access mechanism and process.
(C) The total number of electronic requests for records of consumers who have utilized this temporary limited access mechanism and process that were denied while using the multilayered remote identity proofing process.
(3) A description of the mechanism and process by which a consumer may report identity theft resulting from an alleged fraudulent records request, as well as the number of consumers who have used this mechanism and process.
(b) 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. 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: Under existing law, a certified copy of a birth, death, marriage, or military service record may only be supplied by the State Registrar, local registrar, or county recorder to an authorized person, as defined, who submits a written, faxed, or digitized image request accompanied by a notarized statement sworn under penalty of perjury that the applicant is an authorized person. This bill would, until January 1, 2021, if the request for a certified copy of a birth, death, or marriage record is made electronically, authorize the official to accept an electronic acknowledgment verifying the identity of the applicant using a multilayered remote identity proofing process. If an applicant’s identity cannot be established electronically, the bill would require the applicant to include with his or her request a statement of identity notarized pursuant to existing law. The bill would require the verification to comply with specified provisions and protect the personal information of the applicant and guard against identity theft. The bill would require the State Registrar and any city or county that fulfills electronic requests without a notarized statement of identity to report to the Attorney General and the Legislature on or before January 1, 2019, regarding the number and types of requests and the availability of consumer protection mechanisms, as specified. This bill would authorize the State Department of Public Health to implement its procedures relating to electronic verification through an all-county letter or similar instruction from the State Registrar without taking regulatory action. The bill would specifically authorize the department to accept an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury for the above purposes. By expanding the crime of perjury, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend, repeal, and add Section 103526 of, and to add and repeal Section 103527.5 of, the Health and Safety Code, relating to vital records.


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

SECTION 1.
Section 16429.2 of the Government Code is amended to read:
16429.2.
There is created the Local Investment Advisory Board consisting of five members. The chair shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers employed by any county, city or local district, or municipal corporation of the state, shall be appointed by the Treasurer.
The term of office of each appointed member of the board is three years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only.
Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses.
The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the Treasurer in the management of the fund and consult the Treasurer on any matter relating to the investment and reinvestment of moneys in the fund.
SEC. 2.
Article 12 (commencing with Section 16429.50) is added to Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, to read:
Article  12. Intermediate and Long Term Investment Fund
16429.50.
(a) The Intermediate and Long Term Investment Fund is hereby created. The Treasurer shall administer the fund and shall maintain a separate account within the fund for each governmental unit having deposits in this fund.
(b) The purpose of the fund is to permit voluntary deposit of funds by a governmental entity where those funds may benefit from the intermediate or long-term investments authorized by this article.
(c) The moneys deposited into the Intermediate and Long Term Investment Fund shall be subject to the requirements of Section 16430, except that the moneys may also be invested in corporate bonds with a maturity of up to three years, in government bonds with a maturity of up to 30 years, in physical gold, and in convertible securities.
(d)  The Intermediate and Long Term Investment Advisory Board shall recommend to the Treasurer the moneys in the Surplus Money Investment Fund or the Local Agency Investment Fund which qualify to participate in the Intermediate and Long Term Investment Fund.
(e) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio.
(f) Money in the fund shall be invested to achieve the objective of the fund, which is to realize the maximum return consistent with safe and prudent management.
(g) All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank.
(h) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Intermediate and Long Term Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury, on the last day of the state’s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this article.
16429.52.
(a) Moneys placed with the Treasurer for deposit in the Intermediate and Long Term Investment Fund from the Local Agency Investment Fund shall be held in trust. Those funds shall not be subject to either of the following:
(1) Transfer or loan pursuant to Section 16310, 16312, or 16313.
(2) Impoundment or seizure by any state official or state agency.
(b) (1) The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Intermediate and Long Term Investment Fund, upon demand, shall not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1, of each new fiscal year.
(2) Notwithstanding paragraph (1), if an agency prematurely withdraws moneys deposited in a medium- or long-term investment, the agency shall pay its fair share of any penalty imposed, as determined by the Treasurer.
16429.54.
(a) The Intermediate and Long Term Investment Advisory Board is hereby established, consisting of five members. The chairperson shall be the Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investing and finance shall be appointed by the Treasurer. Two members who are treasurers, finance or fiscal officers, or business managers, employed by any county, city, or local district or municipal corporation of this state, shall be appointed by the Treasurer. No member of either the Local Investment Advisory Board or the Pooled Money Investment Board is eligible to be selected by the Treasurer for the Intermediate and Long Term Investment Board.
(b) The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only.
(c) Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses.
(d) The board’s primary purpose shall be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the Intermediate and Long Term Investment Fund and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable.
(e) The board shall distribute investment performance reports quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance. The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees.

Summary: Existing Existing law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund. Existing law requires the board to be made up of 5 members, including the Treasurer or his or her representative, 2 members appointed by the Treasurer who are experienced in the field of investment, and 2 members appointed by the Treasurer who are treasurers, finance or fiscal officers, or business managers employed by a county, city or local district, or municipal corporation of this state. Existing law establishes that the term of office of each appointed member of the board is 2 years. This bill would extend the term of each of the appointed members of the board to 3 years. The bill would also make several nonsubstantive changes. Existing law creates the Pooled Money Investment Board and authorizes it to determine whether any money on deposit in the State Treasury, with specified exceptions, is not necessary for immediate use and to designate that money as “surplus money.” Existing law requires transfer of this surplus money to the Surplus Money Investment Fund and requires that the moneys be invested by the Treasurer in specified eligible investment vehicles. Existing law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund in specified securities that are eligible for the investment of surplus state funds. This bill would create the Intermediate and Long Term Investment Fund to receive voluntary deposit of funds by a governmental entity so that those funds may benefit from the intermediate or long-term investments authorized by this bill. The bill would, in addition, authorize investment of moneys that are deposited in the Intermediate and Long Term Investment Fund in long-term corporate and government bonds, in gold, and in convertible securities. This bill would establish the Long Term Investment Board. The board would consist of 5 members with the Treasurer as the chair. The Treasurer would select the remaining 4 members, based upon specified criteria, for 2-year terms. The board’s primary purpose would be to advise and assist the Treasurer in formulating the investment and reinvestment of moneys in the fund and the acquisition, retention, management, and disposition of investments of the fund. The bill would require the board to submit quarterly and annual reports regarding the performance of the investments in the fund to the Legislature and to the Department of Finance.

An act to amend Section 16429.2
of
of, and to add Article 12 (commencing with Section 16429.50) to Chapter 2 of Part 2 of Division 4 of Title 2 of,
the Government Code, relating to
local
government finance.


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

SECTION 1.
Section 13050 of the Water Code is amended to read:
13050.
As used in this division:
(a) “State board” means the State Water Resources Control Board.
(b) “Regional board” means any California regional water quality control board for a region as specified in Section 13200.
(c) “Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law.
(d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
(e) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state.
(f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.
(g) “Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water
which
that
affect its use.
(h) “Water quality objectives” means the limits or levels of water quality constituents or characteristics
which
that
are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area.
(i) “Water quality control” means the regulation of any activity or factor
which
that
may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance.
(j) “Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.
(k) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.
(l) (1) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:
(A) The waters for beneficial uses.
(B) Facilities
which
that
serve these beneficial uses.
(2) “Pollution” may include “contamination.”
(m) “Nuisance” means anything
which
that
meets all of the following requirements:
(1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
(2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(3) Occurs during, or as a result of, the treatment or disposal of wastes.
(n) “Recycled water” means water
which
,
that,
as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource.
(o) “Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or
which
that
is subject to service of process in this state.
(p) (1) “Hazardous substance” means either of the following:
(A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
(B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act.
(2) “Hazardous substance” does not include any of the following:
(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers.
(B) Any pesticide
which
that
is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations.
(C) Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act.
(D) Any discharge to land
which
that
results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged.
(q) (1) “Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated.
(2) For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust.
(r) “Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1.

Summary: Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act . The state act defines various terms for its purposes. This bill would make nonsubstantive changes to these definitions.

An act to amend Section 13050 of the Water Code, relating to water quality.


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

SECTION 1.
The Legislature finds and declares the following:
(a) The State of California has officially recognized the Armenian Genocide each year for decades and has repeatedly urged the Republic of Turkey to acknowledge the facts of the Armenian Genocide and work toward a just resolution, honor its obligations under international treaties and human rights laws, end all forms of religious discrimination and persecution, and return Christian church properties to their rightful owners.
(b) Genocide is defined by the United Nations as an act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
(c) Genocide denial is widely viewed as among the final stages of genocide and serves to perpetuate the effects of genocide even after the active phases of extermination, massacres, forced marches, and deportation have ended.
(d) The government of Turkey has engaged and continues to engage in an ongoing campaign of genocide denial and historical revisionism by refusing to acknowledge its responsibility for the Armenian Genocide, refusing to compensate its victims, and actively pursuing a well-funded political lobbying campaign throughout the United States, including in California, to rewrite history and defeat legislation recognizing the Armenian Genocide.
(e) The government of Turkey has engaged and continues to engage in efforts to effect Armenian cultural erasure since the founding of the Republic of Turkey, including, but not limited to, ethnic cleansings and the destruction of sacred Armenian religious sites.
(f) Reference in Turkey by any scholar, journalist, or other person to the massacre and deportation of Armenians in 1915 to 1923, inclusive, as genocide can be criminally prosecuted under Article 301 of the Turkish Penal Code.
(g) The State of California is home to the largest Armenian American population in the United States, and Armenians living in California, most of whom are direct descendants of the survivors of the Armenian Genocide, have enriched our state through their leadership and contributions in business, agriculture, academia, government, and the arts, yet continue to suffer the effects of the continued denial campaign by the government of Turkey.
(h) The State of California, as the world’s eighth largest economy, and in accordance with principles of human rights and justice, has taken the lead in adopting legislation to divest from South Africa for its policy of apartheid, Sudan for its genocide in Darfur, and Iran for its support of international terrorism, imposing economic consequences upon regimes that engage in conduct and policy that violate human rights or constitute crimes against humanity.
(i) The State of California, through its Public Employees’ Retirement System (PERS) and its State Teachers’ Retirement System (STRS), directly invests public funds in the government of Turkey, which then reaps profits while actively denying the Armenian Genocide, funding its continued campaign of denial, at least in part, through these investments in its economy.
(j) By investing public funds in the government of Turkey, the State of California as the embodiment of its citizens contradicts its longstanding, just position of recognizing the Armenian Genocide and urging the government of Turkey to acknowledge its responsibility and work toward a just resolution by honoring its obligations under international treaties and human rights laws, to end all forms of religious discrimination and persecution, and to return Christian church properties to their rightful owners.
(k) It is the government of Turkey, not the people of Turkey, that is responsible for Turkey’s continued egregious violations of human rights and active pursuit of genocide denial, cultural erasure, and historical revisionism.
(l) PERS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of $185,000,000.
(m) STRS currently has investment holdings in bonds directly issued by the Republic of Turkey in excess of several hundred million dollars.
(n) Investment in the Republic of Turkey enables its government to continue to deny justice to the Armenian people.
(o) Divesting these funds would ensure that the State of California is in no way complicit in the continued denial of the Armenian Genocide by the government of Turkey and would encourage said government to acknowledge the Armenian Genocide and to reach a fair and just resolution of reparations for the survivors of the Armenian Genocide.
SEC. 2.
Section 7513.76 is added to the Government Code, to read:
7513.76.
(a) As used in this section, the following terms have the following meanings:
(1) “Board” means the Board of Administration of the Public Employees’ Retirement System or the Teachers’ Retirement Board of the State Teachers’ Retirement System, as applicable.
(2) “Government of Turkey” means the government of Turkey or its instrumentalities or political subdivisions. “Government of Turkey” also includes any and all investment vehicles, government bonds, or financial institutions and entities that are owned, controlled, or operated by the government of Turkey.
(3) “Turkey” means the Republic of Turkey or any territory under the administration or control of Turkey.
(4) “Public employee retirement funds” means the Public Employees’ Retirement Fund described in Section 20062 and the Teachers’ Retirement Fund described in Section 22167 of the Education Code.
(b) The board shall not make additional or new investments or renew existing investments of public employee retirement funds in any investment vehicle in Turkey that meets either of the following criteria:
(1) The investment vehicle is issued by the government of Turkey.
(2) The investment vehicle is owned, controlled, or managed by the government of Turkey.
(c) The board shall liquidate investments in Turkey in an investment vehicle described in subdivision (b)
on or before July 1, 2018.
within six months of the passage of a federal law imposing sanctions on Turkey.
In making a determination whether to liquidate investments, the board shall constructively engage with the government of Turkey to establish whether the government of Turkey is transitioning to publicly accepting its responsibility for the Armenian Genocide.
(d)
On or before January 1, 2019,
Within one year of the passage of a federal law imposing sanctions on Turkey,
the board shall file a report with the Legislature, in compliance with Section 9795, and the Governor, that shall include the following:
(1) A list of investment vehicles in Turkey of which the board has liquidated its investments pursuant to subdivision (c).
(2) A list of investment vehicles in Turkey in connection with which the board engaged with the government of Turkey pursuant to subdivision (c), with supporting documentation to substantiate the board’s determination.
(3) A list of investment vehicles in Turkey of which the board has not liquidated its investments as a result of a determination made pursuant to subdivision (e) that a sale or transfer of investments is inconsistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution and the board’s findings adopted in support of that determination.
(e) Nothing in this section shall require a board to take action as described in this section unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board described in Section 17 of Article XVI of the California Constitution.
SEC. 3.
Section 16642 of the Government Code is amended to read:
16642.
Present, future, and former board members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, jointly and individually, state officers and employees, research firms described in subdivision (d) of Section 7513.6, and investment managers under contract with the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be indemnified from the General Fund and held harmless by the State of California from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney’s fees, and against all liability, losses, and damages of any nature whatsoever that these present, future, or former board members, officers, employees, research firms as described in subdivision (d) of Section 7513.6, or contract investment managers shall or may at any time sustain by reason of any decision to restrict, reduce, or eliminate investments pursuant to Sections 7513.6, 7513.7, 7513.75, and 7513.76.

Summary: The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. The California Constitution qualifies this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards’ plenary authority and fiduciary responsibility for investment of moneys and administration of the systems. This bill would prohibit the boards of administration of the Public Employees’ Retirement System and State Teachers’ Retirement System from making additional or new investments, or renewing existing investments, of public employee retirement funds in an investment vehicle in Turkey that is issued by the government of Turkey or that is owned, controlled, or managed by the government of Turkey. The bill would require the boards to liquidate existing investments in Turkey in these types of investment vehicles on or before July 1, 2018, within 6 months of the passage of a federal law imposing sanctions on Turkey, subject to engagement with the government of Turkey regarding whether it is transitioning to publicly accepting its responsibility for the Armenian Genocide. The bill would require these boards, on or before January 1, 2019, within one year of the passage of a federal law imposing sanctions on Turkey, to make a specified report to the Legislature and the Governor regarding these actions. The bill would provide that its provisions do not require a board to take any action that the board determines in good faith is inconsistent with its constitutional fiduciary responsibilities to the retirement system. The bill would indemnify from the General Fund and hold harmless the present, former, and future board members, officers, and employees of, and investment managers under contract with, in connection with actions relating to these investments.

An act to amend Section 16642 of, and to add Section 7513.76 to, the Government Code, relating to public employee retirement systems.


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

SECTION 1.
Section 1305 of the Penal Code is amended to read:
1305.
(a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following:
(A) Arraignment.
(B) Trial.
(C) Judgment.
(D) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required.
(E) To surrender himself or herself in execution of the judgment after appeal.
(2) (A) Notwithstanding paragraph (1), except as provided in subparagraph (B), the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment.
(B) The court’s jurisdiction to declare a forfeiture and authority to release bail may be extended for not more than 90 days from the arraignment date originally set by the jailer pursuant to subdivision (a) of Section 1269b if either of the following occur:
(i) The prosecutor requests in writing or in open court that the arraignment be continued to allow the prosecutor time to file the complaint.
(ii) The defendant requests the extension in writing or in open court.
(b) (1) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court’s file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing.
(2) If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section.
(3) The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply:
(A) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture.
(B) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond.
(C) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond.
(c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail.
(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met:
(A) The bail is given prior notice of the reinstatement.
(B) The bail has not surrendered the defendant.
(d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met:
(1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities.
(2) The absence of the defendant is without the connivance of the bail.
(e) (1) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met:
(A) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities.
(B) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period.
(C) The absence of the defendant is without the connivance of the bail.
(2) The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.
(h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties.
(i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges.
(j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer,

Summary: Existing law generally regulates the provision of bail or bond, including forfeiture, vacation of forfeiture, and exoneration of bail or bond. Existing law requires the court to declare bail to be forfeited if, without sufficient excuse, a defendant fails to appear as specified. Existing law denies the court jurisdiction to declare a forfeiture and requires the bail to be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment. This bill would authorize an extension of the court’s jurisdiction to declare a forfeiture and authority to release bail for not more than 90 days from the date of the arraignment if the arraignment is properly continued to allow the prosecutor time to file the complaint or if the defendant requests the extension in writing or in open court.

An act to amend Section 1305 of the Penal Code, relating to bail.