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

SECTION 1.
Section 89003 is added to the Government Code, to read:
89003.
(a) A mass mailing shall not be sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election for a city, county, or special district elective office.
(b) For purposes of this section, “mass mailing” means a mass mailing, as defined by Section 82041.5, that meets the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of Section 18901 of Title 2 of the California Code of Regulations, is not prohibited by Section 89001.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 3.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SECTION 1.
Section 14000 of the
Unemployment Insurance Code
is amended to read:
14000.
(a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce.
(b)The Legislature finds and declares that the following principles shall guide the state’s workforce investment system:
(1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following:
(A)Preparing California’s students and workers with the skills necessary to successfully compete in the global economy.
(B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps.
(C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time.
(D)Preparing workers for good-paying jobs that foster economic security and upward mobility.
(2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following:
(A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies and career pathways.
(B)Building partnerships, aligning strategies, and leveraging resources across education, social services, and workforce training delivery systems to build a career pipeline and fill critical skills gaps.
(3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices.
(4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation.
(A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industry’s employers and the unions that represent the industry’s workers.
(B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices.
(5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings.
(6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment.
SEC. 2.
Section 14005 of the
Unemployment Insurance Code
is amended to read:
14005.
For purposes of this division:
(a)“Board” means the California Workforce Investment Board.
(b)“Agency” means the Labor and Workforce Development Agency.
(c)“Career pathways,” “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time.
(d)“Cluster-based sector strategies” means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area.
(e)“Data driven” means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets.
(f)“Economic security” means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the worker’s community, and other factors that may vary by region.
(g)“Evidence-based” means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence.
(h)“High-priority occupations” mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security.
(i)“Individual with employment barriers” means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency.
(j)“Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market.
(k)(1)“Industry or sector partnership” means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industry—multiple firms, labor groups, education and training providers, and workforce and education systems—to develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry.
(2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following:
(A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable.
(B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists.
(C)One or more representatives of local workforce investment boards.
(D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators.
(E)One or more representatives of state workforce agencies or other entities providing employment services.
(3)An industry or sector partnership may also include representatives from the following:
(A)State or local government.
(B)State or local economic development agencies.
(C)Other state or local agencies.
(D)Chambers of commerce.
(E)Nonprofit organizations.
(F)Philanthropic organizations.
(G)Economic development organizations.
(H)Industry associations.
(I)Other organizations, as determined necessary by the members comprising the industry or sector partnership.
(l)“Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market.
(m)“Local labor federation” means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council.
(n)“Sector strategies” means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics:
(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security.
(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations.
(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials.
(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans.
(5)Frequently are implemented using industry or sector partnerships.
(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions.
(o)“Workforce Investment Act of 1998” means the federal act enacted as Public Law 105-220.
(p)“Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor.
(q)“Recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree.
(r)“Core program” means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(s)“Core program provision” means any of the following:
(1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code.
(2)Subchapter II of Chapter 32 of Title 29 of the United States Code.
(3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.).
(4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741).
SEC. 3.
Section 14010 of the
Unemployment Insurance Code
is amended to read:
14010.
The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce system and the alignment of the education and workforce systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership.
SEC. 4.
Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the
Unemployment Insurance Code
, to read:
4.
Regional Planning
14240.
The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following:
(a)The regions comprised of one local area aligned with the region.
(b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code.
(c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states.
14241.
(a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following:
(1)The preparation of a regional plan, as described in subdivision (b).
(2)The establishment of regional service strategies, including the use of cooperative service delivery agreements.
(3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region.
(4)The collection and analysis of regional labor market data, in conjunction with the state.
(5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region.
(6)The coordination of transportation and other supportive services, as appropriate, for the region.
(7)The coordination of services with regional economic development services and providers.
(8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region.
(b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.

Summary: The Political Reform Act of 1974 prohibits mass mailings from being sent at public expense. The act defines “mass mailing” as over 200 substantially similar pieces of mail, not including form letters or other mail, that are sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain exceptions to the act’s prohibition against mass mailings. This bill would prohibit a mass mailing that complies with the Commission’s regulatory criteria from being sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot for a city, county, or special district elective office. A willful violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandate 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan. This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming changes. 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 Sections 14000, 14005, and 14010 of, and to add Article 4 (commencing with Section 14240) to Chapter 4 of Division 7 of, the Unemployment Insurance Code, relating to workforce development.
An act to add Section 89003 to the Government Code, relating to the Political Reform Act of 1974
.


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

SECTION 1.
Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, to read:
Article  3. The Consideration of Alternatives for Artificial Turf Infill Act of 2016
115810.
The Legislature finds and declares all of the following:
(a) Thousands of schools, parks, and local governments have installed artificial turf fields throughout the state. It has allowed them to use fields year round, save water, and save money, among other benefits.
(b) Not all artificial turf fields are made from the same materials. While most artificial turf fields use less expensive crumb rubber infill from groundup used car and truck tires, many companies now offer artificial turf infill alternatives made from coconut fibers, rice husks, cork, sand, or virgin crumb rubber. Organic alternative infills can help reduce synthetic turf field temperatures on hot days by as much as 30 degrees compared to crumb rubber infill from used tires.
(c) The average artificial turf field uses approximately 20,000 groundup used tires to make crumb rubber infill. Tires contain many chemicals including, but not limited to: 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, latex, lead, manganese, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc.
(d) In 2008, then Attorney General Jerry Brown sued the nation’s largest makers and installers of artificial turf fields for excessive lead levels after testing by the Center for Environmental Health found high concentrations of lead in their products.
(e) In 2009, the Los Angeles Unified School District banned turf fields containing infill from waste tire crumb rubber and instead chose alternative infills for their artificial turf fields.
(f) In 2010, then Attorney General Jerry Brown settled the case with the nation’s largest makers and installers of artificial turf fields requiring them to reformulate their products to reduce lead levels and established the nation’s first enforceable standards applicable to lead in artificial turf.
(g) The Office of Environmental Health Hazard Assessment’s 2010 study on used tire crumb rubber in artificial turf fields reviewed chemical concentrations in the air above the fields and found that eight chemicals appear on the California Proposition 65 list of chemicals known to the state to cause cancer. Exposure via inhalation to five of these chemicals (benzene, formaldehyde, naphthalene, nitromethane, and styrene) gave increased lifetime cancer risks that exceeded one in one million. According to the study, the highest risk was from nitromethane, which could cause about nine cancer cases in a hypothetical population of one million soccer players. The study also found that two additional identified chemicals (toluene and benzene) appear on the California Proposition 65 list as developmental/reproductive poisons.
(h) At least 10 studies since 2007, including those by the United States Consumer Product Safety Commission and the United States Environmental Protection Agency, have found potentially harmful lead levels in turf fibers and in rubber crumbs.
(i) A 2011 study titled, “An Evaluation of Potential Exposures to Lead and Other Metals as the Result of Aerosolized Particulate Matter from Artificial Turf Playing Fields” concluded that artificial turf can deteriorate to form dust containing lead at levels that may pose a risk to children.
(j) A 2012 study published in the scientific journal Chemosphere titled, “Hazardous organic chemicals in rubber recycled tire playgrounds and pavers”, showed the high content of toxic chemicals in these recycled materials and found that “uses of recycled rubber tires, especially those targeting play areas and other facilities for children, should be a matter of regulatory concern.”
(k) The Swedish Chemicals Agency found that waste tire crumb rubber contains several particularly hazardous substances and recommended that rubber granules from waste tires not be used in artificial turf.
(l) In 2013, The United States Environmental Protection Agency (EPA) posted a disclaimer on the only limited study on tire crumb risk it had ever conducted. The EPA press release summarizing the study has been stamped with a notice that it was “outdated” and a new link has been appended to a statement stressing the need for “future studies” to enable “more comprehensive conclusions.”
(m) On May 19, 2015, the chair of the United States Consumer Product Safety Commission (CPSC), Elliot Kaye, testified before the United States Congress that he no longer stands behind a 2008 statement from the commission that crumb rubber is safe to play on. His testimony described new federal studies underway. The CPSC also ordered an enforcement review of marketing of artificial turf products for children because the commission found lead levels in artificial sports fields above statutory limits in children’s products.
(n) A June 2015, study conducted at Yale University by Environment and Human Health, Inc., an organization of physicians and public health professionals, found that crumb rubber infill from used tires contain at least 96 chemicals. Of the 96 chemicals detected, a little under one-half had no toxicity assessments done on them for their health effects. Of the one-half that had toxicity assessments, 20 percent were probable carcinogens and 40 percent were irritants. The carcinogens found were 2-Mercaptobenzothiazole, 9,10-Dimethylanthracene, Bis(2-ethylhexyl) phthalate, Fluoranthene, Heptadecane, 2-mercaptobenzothiazole, Phenol, 4-(1,1,3,3-tetramethylbutyl)-, Phenanthrene Carcinogen - polycyclicaromatic hydrocarbons, Phthalimide, Pyrene, 1-methyl-, Tetratriacontane, Pyrene, and Carbon Black. Of the irritants found, 24 percent were respiratory irritants, some causing asthma symptoms, 37 percent were skin irritants, and 27 percent were eye irritants.
(o) In June 2015, The Department of Resources Recycling and Recovery in collaboration with the Office of Environmental Health Hazard Assessment (OEHHA) agreed to spend nearly three million dollars ($3,000,000) to conduct a three-year study of potential health effects associated with the use of recycled waste tires in playground and artificial turf products. Making use of the toxicity criteria, monitoring data, and exposure pattern analysis results obtained in the study, OEHHA will conduct an assessment of potential health impacts associated with use of artificial turf and playground mats.
(p) While the public awaits the results of the OEHHA study and other studies being conducted at the national level and around the country, it is in the public’s best interest, especially from a children’s health perspective, that schools and local governments consider the various infill options when choosing to install artificial turf fields.
115810.1.
For purposes of this article, “crumb rubber infill” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface an artificial turf field.
115810.2.
(a) Before a public or private school or local government may install, contract for the installation of, or solicit bids for a new artificial turf field containing crumb rubber infill within the boundaries of a public or private school or public recreational park, the public or private school or local government shall do all of the following:
(1) (A) Gather information from companies that offer artificial turf products that do not use crumb rubber infill.
(B) For purposes of this paragraph, information shall include, but not be limited to, information obtained from discussions with at least one company that offers artificial turf products that do not contain crumb rubber infill.
(2) Consider the use of material that does not contain crumb rubber infill in its artificial turf field project based on the information gathered pursuant to paragraph (1).
(3) Hold a public meeting that includes as a properly noticed agenda item a discussion of the installation of crumb rubber infill, with an opportunity for public comment. Members of the public wishing to make a comment during the public meeting shall be permitted to do so consistent with the established comment procedure for the meeting.
(b) Subdivision (a) shall not apply to any installation of an artificial turf field containing crumb rubber infill that commenced, or any contract for such an installation entered into, prior to January 1, 2017.
(c) Subdivision (a) shall not apply to any maintenance that is needed on an artificial turf field containing crumb rubber infill in existence as of January 1, 2017, or that is installed consistent with subdivision (b).
115810.3.
This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 1.
Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the
Health and Safety Code
, to read:
3.
The Children’s Safe Playground and Turf Field Act of 2015
115810.
For purposes of this article, “synthetic turf” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface a field or playground.
115811.
(a)By July 1, 2017, the Office of Environmental Health Hazard Assessment, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, shall prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf for potential adverse health impacts.
(b)The study shall include all of the following:
(1)A hazard analysis of exposure to the chemicals that may be found in synthetic turf, such as 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, lead, manganese, matex, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc.
(2)An analysis that considers the varying exposure activities, environments, duration of play, ages of different populations who play on synthetic turf, and exposure pathways, including whether chemicals found in tires have negative impacts on human health when used in indoor and outdoor fields and parks with various weather exposures and potentially ingested by children or coming in contact with children’s bodies.
(3)Biomonitoring or other exposure monitoring of children or adults exposed to synthetic turf to be used to assess their exposure to chemicals found in the synthetic turf, to the extent feasible, to determine potential health impacts on children and other age groups.
(4)An examination of the potential for fields and playgrounds containing synthetic turf to cause adverse health impacts, including, but not limited to, non-Hodgkin lymphoma, testicular cancer, prostate cancer, sarcoma cancer, and leukemia. This examination shall include people who have developed these health impacts and played on fields and playgrounds containing used tires, including, but not limited to, soccer goalies.
(5)An examination of the health impacts associated with synthetic turf fields and playgrounds of varying age.
(6)An evaluation of the differences in the manufacturing of synthetic turf and different turf, field, and playground products, including those that do not use recycled tires, and how these differences may affect health impacts. The evaluation shall include, but not be limited to, the types and age of tires used, the tire processing, and the type of plasticizer, backing material, adhesives, and plastic blades of artificial grass used to make the final synthetic turf product.
(7)An evaluation of the differences, in terms of health impacts, between fields and playgrounds covered with synthetic turf and nonsynthetic turf, including, but not limited to, fields made from coconut fibers, rice husks, cork, sand, and used shoes.
(8)A review of current research on the health impacts of synthetic turf done by authoritative bodies from around the country and the world.
(9)Research to fill any data gaps, such as those data gaps identified by the report prepared by the Office of Environmental Health Hazard Assessment on behalf of the Department of Resources Recycling and Recovery titled “Safety Study of Artificial Turf Containing Crumb Rubber Infill Made From Recycled Tires: Measurements of Chemicals and Particulates in the Air, Bacteria in the Turf, and Skin Abrasions Caused by Contact with the Surface.”
(10)An examination of the health impacts of exposures to many low level volatile organic compounds and polycyclic aromatic hydrocarbons found in synthetic turf fields and playgrounds.
(11)An analysis that compares the temperatures on synthetic turf, nonwaste tire turf, and grass turf during the high-temperature periods in the summer. This analysis shall include a health impact analysis including, but not limited to, heat stress, heat illness, and other heat-related health issues.
(c)A representative sample of synthetic turf fields and playgrounds around the state shall be analyzed for purposes of the study.
(d)(1)A study submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement for submitting a study to the Legislature imposed pursuant to subdivision (a) is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
115812.
(a)(1)A public or private school or local government shall not install, or contract for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park unless the following three conditions are met:
(A)The bid specification of the public or private school or local government for the turf field or playground surface includes at least one option that does not use crumb rubber from waste tires.
(B)The public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber from waste tires in its turf field and playground products.
(C)The public or private school or local government has held a public meeting regarding the installation of synthetic turf with an opportunity for public comment.
(2)Paragraph (1) shall not apply to any installation of a field or playground surface made from synthetic turf that commenced, or any contract for such installation entered into, prior to January 1, 2016.
(3)Paragraph (1) shall not apply to any maintenance that is needed on a synthetic turf field or playground in existence as of January 1, 2016.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 2.
Section 42872 of the
Public Resources Code
is amended to read:
42872.
(a)The tire recycling program may include, but is not limited to, the following:
(1)The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires.
(2)The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires.
(3)The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state.
(4)The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling.
(5)Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires.
(6)The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts.
(7)Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products.
(8)The awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the business to find alternative markets other than fields and playgrounds for their products.
(b)The tire recycling program shall not include the awarding of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf as that term is defined in Section 115810 of the Health and Safety Code.
SEC. 3.
Section 42873 of the
Public Resources Code
is amended to read:
42873.
(a)Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following:
(1)Polymer treatment.
(2)Rubber reclaiming and crumb rubber production.
(3)Retreading.
(4)Shredding.
(5)The manufacture of products made from used tires, including, but not limited to, all of the following:
(A)Rubberized asphalt, asphalt rubber, modified binders, and chip seals.
(B)Playground equipment.
(C)Crash barriers.
(D)Erosion control materials.
(E)Nonslip floor and track surfacing.
(F)Oil spill recovery equipment.
(G)Roofing adhesives.
(H)Tire-derived aggregate applications, including lightweight fill and vibration mitigation.
(I)Molded products.
(J)Products using recycling rubber and other materials, such as plastic.
(K)Paint and coatings.
(6)Other environmentally safe applications or treatments determined to be appropriate by the department.
(7)A study to analyze synthetic turf for potential adverse health impacts, pursuant to Section 115811 of the Health and Safety Code.
(b)(1)The department shall not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization.
(2)Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires.

Summary: Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. The bill would, until January 1, 2020, require a public or private school or local government, before installing, contracting for the installation of, or soliciting bids for a new artificial turf field containing crumb rubber infill, as defined, within the boundaries of a public or private school, or public recreational park to do certain things, including gathering information from companies that offer artificial turf products that do not use crumb rubber infill. Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. This bill would require the Office of Environmental Health Hazard Assessment, by July 1, 2017, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, to prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf, as defined, for potential adverse health impacts. The bill would require the study to include certain information, including a hazard analysis of exposure to the chemicals that may be found in synthetic turf, as provided. The bill would prohibit a public or private school or local government, until January 1, 2018, from installing, or contracting for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park, unless 3 specified conditions are met, including that the public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber in its turf field and playground products, as provided. The California Tire Recycling Act (act) requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the department, upon appropriation by the Legislature, for programs related to the disposal of waste tires including the awarding of grants. The act specifies that the activities eligible for funding include the manufacture of specified products made from used tires. The bill would include the above study as one of the acceptable activities eligible for this funding. The bill would also authorize the awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the businesses find alternative markets other than fields and playgrounds for their products. The bill would prohibit the awarding under this program of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf.

An act to add Article 3 (commencing with Section 115810) to Chapter 4 of Part 10 of Division 104 of, and to repeal Section 115812 of, the Health and Safety Code, and to amend Sections 42872 and 42873 of the Public Resources Code, relating to environmental health.
An act to add and repeal Article 3 (commencing with Section 115810) of Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, relating to environmental health.


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

SECTION 1.
Section 980 of the Military and Veterans Code is amended to read:
980.
(a) As used in this chapter, “veteran” means any of the following:
(1) Any citizen of the United States who served in the active military, naval, or air service of the United States on or after April 6, 1917, and prior to November 12, 1918, and who received an honorable discharge or was released from active duty under honorable conditions.
(2) Any person who did all of the following:
(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
(B) Received an honorable discharge or was released from active duty under honorable conditions.
(C) Performed any portion of that service during any of the following periods:
(i) On or after December 7, 1941, and prior to January 1, 1947, including, but not limited to, members of the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”).
(ii) On or after June 27, 1950, and prior to February 1, 1955.
(iii) On or after February 28, 1961, and prior to August 5, 1964, in the case of a veteran who served in the Republic of Vietnam during that period.
(iv) On or after August 5, 1964, and prior to May 8, 1975.
(v) On or after August 2, 1990, to and including the date on which the territories in and around the Arabian Peninsula cease to be designated as a place where the armed forces of the United States are engaged in combat, as described in Executive Order 12744 of the President of the United States. It is the intent of the Legislature, in enacting this clause, that the benefits provided by this chapter shall be available to all veterans who were on active duty in the armed forces of the United States or who were called to active duty in the reserves or National Guard during the pendency of the deployment of forces for Operation Desert Shield or Desert Storm, which resulted in Executive Order 12744, irrespective of whether these veterans served overseas or in the United States.
(vi) At any time, in a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty.
(vii) At any time in Somalia, or in direct support of the troops in Somalia, including, but not limited to, persons stationed on ships of the United States armed forces conducting support activities offshore in the vicinity of Somalia, during Operation Restore Hope, regardless of the number of days served.
(3) Any member of the reserves or National Guard who does all the following:
(A) Is called to, and released from, active duty or active service, regardless of the number of days served.
(B) Is called during any period when a presidential executive order specifies the United States is engaged in combat or homeland defense.
(C) Has received an honorable discharge or was released from active duty or active service under honorable conditions.
(4) Any person who did all of the following:
(A) Served in the Merchant Marine Service of the United States.
(B) Has been granted veteran status by the United States Secretary of Defense under Title IV of the GI Improvement Act of 1977 (Public Law 95-202, as amended).
(5) Any person who qualifies under federal laws for revenue bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the following:
(A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days.
(B) Received an honorable discharge or was released from active duty or active service under honorable conditions.
(6) Any person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to 26 U.S.C. Section 143 and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the United States armed forces who has enlisted or been commissioned in that service for a period of not less that six years and has completed a minimum of one year of satisfactory service.
(b) For purposes of this chapter
,
“veteran”
does
shall
not include any of the following:
(1) A person who was separated from the armed forces under other than honorable conditions.
(2) A person who was separated from the armed forces on account of alienage.
(3) A person who performed no military duty whatever or refused to wear the uniform.
(4) A person who served only in an auxiliary or reserve component of the armed forces whose service therein did not provide an exemption from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885, as amended).
(5) A person whose service with the armed forces was due to temporary active duty orders for the sole purpose of training duty, processing, or a physical examination, except as provided for in paragraph (6) of subdivision (a).
(6) A person whose only service was as a student at a military academy and who, for any reason, failed to complete the course of study and subsequently did not serve on active duty.
(c) For purposes of this section, “active duty” or “active service” is defined as provided in 10 U.S.C. Section 101(d).

Summary: Existing law defines “veteran” for the purposes of the various programs bestowing benefits upon veterans. This bill would make technical, nonsubstantive changes to this provision.

An act to amend Section 980 of the Military and Veterans Code, relating to veterans.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The economic competitiveness of California is fueled by the strength of regional economies and their skilled workers. Upward social and economic mobility and increased opportunities keep the state’s economy diversified and vibrant.
(b) The pathway out of poverty for millions of California residents is the attainment of industry-valued “middle skill credentials,” which is defined as a job requiring a certificate, associate’s degree, or third-party credential that is less advanced than a bachelor’s degree, but more advanced than a high school diploma.
(c) Middle skill credentials serve as the gateway for a large number of careers in the state’s prioritized and emergent industry sectors.
(d) The California Community Colleges Board of Governor’s Task Force on Workforce, Job Creation, and a Strong Economy, also referred to as the Strong Workforce Task Force, identified 25 policy and strategy recommendations to help close the gap on these middle skill credentials.
(e) The recommendations built upon the foundation established by the California Community Colleges Economic and Workforce Development Program in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code, the Office of the Chancellor of the California Community Colleges Doing What MATTERS for Jobs and the Economy framework, and the federal Workforce Innovation and Opportunities Act (Public Law 113-128).
(f) With the enactment of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), California agencies receiving workforce-related funds have adopted the following common program strategies articulated by the California Workforce Investment Board:
(1) Partnering in sector strategies to ensure training programs are relevant to the economy.
(2) Building career pathways to increase access, flexibility, and facilitated navigation of training and education programs.
(3) Utilizing “earn and learn” to increase simultaneous access to income and training for those who cannot afford full-time education.
(4) Organizing regionally to benefit from economies of scale, recognizing gains when labor markets and industry are organized regionally.
(5) Providing supportive services to remove barriers to program completion and employment.
(6) Creating cross-system data capacity to ensure effective use of resources.
(7) Integrating service delivery and braiding of resources to optimize limited resources and make use of program specializations to better serve individuals.
SEC. 2.
Section 30 of the Business and Professions Code is amended to read:
30.
(a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants.
(2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision.
(b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application.
(d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) For the purposes of this section:
(1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600.
(3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate.
(f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable.
(g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require.
(h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection.
(i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, or as provided in subdivision (k).
(j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes.
(k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status.
(l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles.
(m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee:
(1) Name.
(2) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees.
(3) Date of birth.
(4) Type of license.
(5) Effective date of license or a renewal.
(6) Expiration date of license.
(n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose.
(o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws.
(p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains.
(q) All of the following apply to the licensure information made available pursuant to subdivision (m):
(1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n).
(2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains.
(3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains.
(4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure.
(5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n).
(r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section.
SEC. 3.
Section 88650 of the Education Code is amended to read:
88650.
(a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. This report shall include, but not necessarily be limited to, both of the following:
(1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant.
(2) Data summarizing outcome accountability performance measures required by this section.

Summary: Existing law establishes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumer Affairs that administer the licensing and regulation of various businesses and professions. This bill would require the department to make available, upon request by the Office of the Chancellor of the California Community Colleges, and only to the extent specified, to the chancellor’s office specified information with respect to every licensee for the sole purpose of enabling the office of the chancellor to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Existing law requires the Chancellor of the California Community Colleges to implement performance accountability outcome measures for the California Community Colleges Economic and Workforce Development Program. This bill would urge the chancellor to align these measures with the performance accountability measures of the federal Workforce Innovation and Opportunity Act.

An act to amend Section 30 of the Business and Professions Code, and to amend Section 88650 of the Education Code, relating to career technical education.


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

SECTION 1.
Section 17052 is added to the Revenue and Taxation Code, to read:
17052.
(a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section.
(2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year.
(B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent.
(C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit.
(b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows:
In the case of an eligible individual with:
The credit percentage is:
The phaseout percentage is:
No qualifying children
7.65%
7.65%
1 qualifying child
34%
34%
2 or more qualifying children
40%
40%
(2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows:
In the case of an eligible individual with:
The earned income amount is:
The phaseout amount is:
No qualifying children
$3,290
$3,290
1 qualifying child
$4,940
$4,940
2 or more qualifying children
$6,935
$6,935
(B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply.
(3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.”
(c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.”
(2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows:
(A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.”
(B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply.
(3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.”
(d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.”
(e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
(f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer.
(g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.
(i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following:
(A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2.
(B) Special Project Report requirements under Statewide Information Management Manual Section 30.
(C) Section 11.00 of the 2015 Budget Act.
(D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code.
(2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project.
(j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:
(A) The number of tax returns claiming the credit.
(B) The number of individuals represented on tax returns claiming the credit.
(C) The average credit amount on tax returns claiming the credit.
(D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit.
(E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold.
(2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.
(k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit.
SEC. 2.
Section 19136 of the Revenue and Taxation Code is amended to read:
19136.
(a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided.
(b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code.
(c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply.
(2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250).
(d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002.
(e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002.
(2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.”
(B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1.
(f) This section applies to a nonresident individual.
(g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by either of the following:
(A) Any law that is chaptered during and operative for the taxable year of the underpayment.
(B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year.
(2) (A) Notwithstanding Section 18415, subparagraph (A) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2005.
(B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016.
(h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009.
(i) The amendments made to this section by Section 3 of Chapter 15 of the Fourth Extraordinary Session of the Statutes of 2009 apply to amounts withheld on wages beginning on or after January 1, 2009.
SEC. 3.
Section 19167 of the Revenue and Taxation Code is amended to read:
19167.
A penalty shall be imposed under this section for any of the following:
(a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625.
(b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624.
(c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5.
(d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect.
(1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer.
(2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000).
(e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred:
(1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d).
(2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor.
(B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board.
(C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph.
(f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision.
SEC. 4.
In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians.
SEC. 5.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

Summary: The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget.


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

SECTION 1.
Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................
(173,000,000)
Provisions:
1.
Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows:
(a)
$148,000,000 for specified local Traffic Congestion Relief Program projects.
(b)
$11,000,000 for trade corridor improvements.
(c)
$9,000,000 for the Transit and Intercity Rail Capital Program.
(d)
$5,000,000 for the State Highway Operations and Protection Program.
2.
Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016-17 fiscal year.
SEC. 2.
Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
3970-001-0001—For support of Department of Resources Recycling and Recovery ........................
105,000,000
Schedule:
(1)
3700-Waste Reduction and Management ........................
105,000,000
Provisions:
1.
The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment.
2.
Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs.
SEC. 3.
Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read:
6440-001-0001—For support of University of California ........................

3,056,138,000

3,057,993,000
Schedule:
(1)
5440-Support ........................

3,056,138,000

3, 057,993,000
Provisions:
1.
This appropriation is exempt from Sections 6.00 and 31.00.
2.
(a)
The Legislature finds and declares all of the following:
(1)
The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes.
(2)
The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources.
(3)
In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses.
(4)
Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled.
(b)
To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year.
(c)
If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee.
2.1.
No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations.
2.2.
The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source.
2.3.
No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following:
(a)
All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education.
(b)
The factors the university considers to determine which funds to use for educational activities and how much of those funds to use.
(c)
The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code.
2.4.
(a)
The Regents of the University of California shall implement further measures to reduce the university’s cost structure.
(b)
The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy.
(c)
(1)
Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees.
(2)
At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.
3.
(a)
The Regents of the University of California shall approve a plan that includes at least all of the following:
(1)
Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015.
(2)
Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1).
(3)
Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2).
(4)
The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code.
(b)
The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university.
4.
(a)
The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university.
(b)
The Controller shall transfer funds from this appropriation upon receipt of the following reports:
(1)
The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university.
(2)
The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university.
(3)
The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation.
4.5.
Of the funds appropriated in this item:
(a)
$6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses.
(b)
$1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis.
(c)
$770,000 shall be allocated for the Statewide Database.
(d)
$1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017.
4.6.
The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose.
4.7.
This item includes funds for the California DREAM Loan Program.
5.
Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university.
6.
The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs.
SEC. 4.
Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read:
9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................
240,000,000
Schedule:
(1)
7755–Prefunding Health and Dental Benefits ........................
240,000,000
Provisions:
1.
The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources.
2.
No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller's office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code.
3.
This appropriation is available for expenditure or encumbrance until June 30, 2017.
SEC. 5.
Section 39.00 of the Budget Act of 2015 is amended to read:
SEC. 39.00.
The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85,
SB 86,
SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect.
SEC. 6.
This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately.
SECTION 1.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

Summary: The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. This bill would declare that it is to take effect immediately as a Budget Bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.

An act relating to the Budget Act of 2015.
An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.