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

SECTION 1.
Section 35400 of the Vehicle Code is amended to read:
35400.
(a) A vehicle may not exceed a length of 40 feet.
(b) This section does not apply to any of the following:
(1) A vehicle used in a combination of vehicles when the excess length is caused by auxiliary parts, equipment, or machinery not used as space to carry any part of the load, except that the combination of vehicles shall not exceed the length provided for combination vehicles.
(2) A vehicle, when the excess length is caused by any parts necessary to comply with the fender and mudguard regulations of this code.
(3) (A) An articulated bus or articulated trolley coach that does not exceed a length of 60 feet.
(B) An articulated bus or articulated trolley coach described in subparagraph (A) may be equipped with a folding device attached to the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 36 inches from the front body of the bus or trolley coach when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph shall not extend more than 42 inches from the front of the bus.
(4) A semitrailer while being towed by a motortruck or truck tractor, if the distance from the kingpin to the rearmost axle of the semitrailer does not exceed 40 feet for semitrailers having two or more axles, or 38 feet for semitrailers having one axle if the semitrailer does not, exclusive of attachments, extend forward of the rear of the cab of the motortruck or truck tractor.
(5) A bus or house car when the excess length is caused by the projection of a front safety bumper or a rear safety bumper, or both. The safety bumper shall not cause the length of the vehicle to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. For the purposes of this chapter, “safety bumper” means any device that is fitted on an existing bumper or which replaces the bumper and is constructed, treated, or manufactured to absorb energy upon impact.
(6) A schoolbus, when the excess length is caused by the projection of a crossing control arm. For the purposes of this chapter, “crossing control arm” means an extendable and retractable device fitted to the front of a schoolbus that is designed to impede movement of pupils exiting the schoolbus directly in front of the schoolbus so that pupils are visible to the driver while they are moving in front of the schoolbus. An operator of a schoolbus shall not extend a crossing control arm while the schoolbus is in motion. Except when activated, a crossing control arm shall not cause the maximum length of the schoolbus to be extended by more than 10 inches, inclusive of any front safety bumper. Use of a crossing control arm by the operator of a schoolbus does not, in and of itself, fulfill his or her responsibility to ensure the safety of students crossing a highway or private road pursuant to Section 22112.
(7) A bus, when the excess length is caused by a device, located in front of the front axle, for lifting wheelchairs into the bus. That device shall not cause the length of the bus to be extended by more than 18 inches, inclusive of any front safety bumper.
(8) A bus, when the excess length is caused by a device attached to the rear of the bus designed and used exclusively for the transporting of bicycles. This device may be up to 10 feet in length, if the device, along with any other device permitted pursuant to this section, does not cause the total length of the bus, including any device or load, to exceed 50 feet.
(9) A bus operated by a public agency or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code, used in transit system service, other than a schoolbus, when the excess length is caused by a folding device attached to the front of the bus which is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 40 inches from the front
body
of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this paragraph shall not extend more than 46 inches from the front of the bus. A device described in this paragraph may not be used on a bus that, exclusive of the device, exceeds 40 feet in length or on a bus having a device attached to the rear of the bus pursuant to paragraph (8).
(10) (A) A bus of a length of up to 45 feet when operating on those highways specified in subdivision (a) of Section 35401.5. The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may not deny reasonable access to a bus of a length of up to 45 feet between the highways specified in subdivision (a) of Section 35401.5 and points of loading and unloading for motor carriers of passengers as required by the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240).
(B) A bus operated by a public agency and on those highways specified in subparagraph (A) may be equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles. The device, including all bicycles transported thereon, may be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and may not extend more than 36 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph may not extend more than 42 inches from the front of the bus. The total length of the bus, including the folding device or load, may not exceed 48.5 feet. A Route Review Committee, established under this subparagraph, shall review the routes where a public agency proposes to operate a 45-foot bus equipped with a front-mounted bicycle rack. The Route Review Committee shall be comprised of one member from the public agency appointed by the general manager of the public agency; one member who is a traffic engineer and is employed and selected by the public agency that has jurisdiction over the largest proportional share of routes among all affected agencies; and one member appointed by the labor organization that is the exclusive representative of the bus drivers of the public agency. If there is no exclusive representative of the bus drivers, a bus driver member shall be chosen by a majority vote of the bus drivers employed by the agency. The members of the Route Review Committee shall be selected not more than 30 days after receipt of a public agency proposal to equip a 45-foot bus with a front-mounted bicycle rack. The review shall include a field review of the proposed routes. The purpose of the Route Review Committee is to ensure the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. The Route Review Committee, by a unanimous vote, shall make a determination of which routes are suitable for the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. These determinations shall be consistent with the operating requirements specified in subparagraph (A). It is the intent of the Legislature that the field review required under this subparagraph include consultation with traffic engineers from affected public agencies that have jurisdiction over segments of the route or routes under review, to ensure coordination with all affected state and local public road agencies that may potentially be impacted due to the operation of a 45-foot bus with a front-mounted bicycle rack.
(11) (A) A house car of a length of up to 45 feet when operating on the National System of Interstate and Defense Highways or when using those portions of federal aid primary system highways that have been qualified by the United States Secretary of Transportation for that use, or when using routes appropriately identified by the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions.
(B) A house car described in subparagraph (A) may be operated on a highway that provides reasonable access to facilities for purposes limited to fuel, food, and lodging when that access is consistent with the safe operation of the vehicle and when the facility is within one road mile of identified points of ingress and egress to or from highways specified in subparagraph (A) for use by that vehicle.
(C) As used in this paragraph and paragraph (10), “reasonable access” means access substantially similar to that authorized for combinations of vehicles pursuant to subdivision (c) of Section 35401.5.
(D) Any access route established by a local authority pursuant to subdivision (d) of Section 35401.5 is open for access by a house car of a length of up to 45 feet. In addition, local authorities may establish a process whereby access to services by house cars of a length of up to 45 feet may be applied for upon a route not previously established as an access route. The denial of a request for access to services shall be only on the basis of safety and an engineering analysis of the proposed access route. In lieu of processing an access application, local authorities, with respect to highways under their jurisdiction, may provide signing, mapping, or a listing of highways, as necessary, to indicate the use of these specific routes by a house car of a length of up to 45 feet.
(c) The Legislature, by increasing the maximum permissible kingpin to rearmost axle distance to 40 feet effective January 1, 1987, as provided in paragraph (4) of subdivision (b), does not intend this action to be considered a precedent for any future increases in truck size and length limitations.
(d) Any transit bus equipped with a folding device installed on or after January 1, 1999, that is permitted under subparagraph (B) of paragraph (3) of subdivision (b) or under paragraph (9) of subdivision (b) shall be additionally equipped with any of the following:
(1) An indicator light that is visible to the driver and is activated whenever the folding device is in an extended position.
(2) Any other device or mechanism that provides notice to the driver that the folding device is in an extended position.
(3) A mechanism that causes the folding device to retract automatically from an extended position.
(e) (1) A person may not improperly or unsafely mount a bicycle on a device described in subparagraph (B) of paragraph (3) of subdivision (b), or in paragraph (9) or (10) of subdivision (b).
(2) Notwithstanding subdivision (a) of Section 23114 or subdivision (a) of Section 24002 or any other provision of law, when a bicycle is improperly or unsafely loaded by a passenger onto a transit bus, the passenger, and not the driver, is liable for any violation of this code that is attributable to the improper or unlawful loading of the bicycle.
SECTION 1.
Section 37420.5 is added to the
Government Code
, to read:
37420.5.
(a)The City of Montebello may sell all or part of its water utility pursuant to this article as provided in Section 10051.5 of the Public Utilities Code.
(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 2.
Section 10051.5 is added to the
Public Utilities Code
, to read:
10051.5.
(a)Notwithstanding any other provision of this article, the City of Montebello may sell all or part of its water utility property pursuant to Article 3 (commencing with Section 37420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, subject and pursuant to the following additional provisions, limitations, and requirements:
(1)The governing body of the city shall not sell the water utility property for less than its fair market value determined as set forth in the Public Water System Investment and Consolidation Act of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of Division 1).
(2)A majority of the members of the governing body of the city must approve the sale.
(3)The entity acquiring the water utility property shall be a public utility, as defined in Section 216, which is presently authorized by the commission to provide water utility service within the corporate limits of the city pursuant to a certificate of public convenience and necessity and the area of the one or more certificates includes or surrounds all or part of the city’s water utility system.
(4)As a condition of acquiring the city’s water system, the acquiring public utility shall file a revised service area map with the commission that shows the area formerly served through the city’s water utility system as part of the acquiring public utility’s service area. The acquiring public utility shall submit the map by filing a tier-one advice letter with the commission and, upon this filing, shall be deemed authorized and bound to render public utility water service to all persons in the area formerly served through the city’s water utility system on the same terms, conditions, and rates that the commission has found to be just and reasonable for the acquiring public utility’s other customers in the city.
(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the City of Montebello. The City Council of the City of Montebello believes it is no longer in the public interest to own and operate all or part of a water utility and desires to sell its water utility. However, the city would be unable to do so in a timely manner because the Legislature has enacted statutes that may conflict with one another and with the City of Montebello’s urgent financial requirements, thereby preventing the City of Montebello from selling and the acquiring public utility from purchasing the water utility without an election and performance of other procedures. In order to clearly state the law with respect to the City of Montebello, a special statute is needed and a general statute cannot be made applicable.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
The City of Montebello’s water utility infrastructure is aging and is experiencing numerous leaks and equipment failures. The aging and failing water utility infrastructure impairs the safety and reliability of the city’s water utility system, including its ability to provide water for public fire-fighting purposes. The city’s water utility serves only a small fraction of the city’s residents and is losing money despite significant recent rate increases. The city’s budget and general fund cannot make up for that revenue shortfall or the cost of the urgently needed water supply infrastructure upgrades and repairs of its water utility system. The City of Montebello desires to sell all or part of the city-owned water utility to a public utility capable of operating, managing, and upgrading the water system while financial conditions are favorable to the city, however, the Legislature has adopted statutes governing the sale of municipal property which may conflict with each other and the urgent needs of the city. In order to provide the City of Montebello with the clear statutory authority to sell its water utility without an election as soon as possible, it is necessary that this act take effect immediately.

Summary: Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, the device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits, among other things, the above-described device from extending more than 40 inches from the front body of the bus when fully deployed. This bill would instead prohibit the above-described device from extending more than 40 inches from the front of the bus. Existing law provides a procedure that is generally applicable for a city to sell its real property. Existing law also establishes specific procedures for the sale of public utility property owned by a municipal corporation with certain provisions applicable to the sale of property of a water utility. This bill would authorize the City of Montebello to sell all or part of its water utility pursuant to the procedures that are generally applicable to a sale of real property by a city, if certain requirements are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Montebello. This bill would declare that it is to take effect immediately as an urgency statute.

An act to
add and repeal Section 37420.5 of the Government Code, and to add and repeal Section 10051.5 of the Public Utilities Code, relating to water utilities, and declaring the urgency thereof, to take effect immediately.
amend Section 35400 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 1938 of the Civil Code is amended to read:
1938.
(a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).
(b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make.
(c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement.
(d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement:

“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.”
SEC. 2.
Section 4459.8 of the Government Code is amended to read:
4459.8.
(a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification.
(b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following:
(A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program.
(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services.
(2) The State Architect shall require each applicant for renewal of certification to do both of the following:
(A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants.
(B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect.
(3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250).
(c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive.
(d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services.
SEC. 3.
Section 8299.06 of the Government Code is amended to read:
8299.06.
(a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance.
(b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards.
(c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement.
(d) The commission shall post the following on its Internet Web site:
(1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission.
(2) A link to the Internet Web site of the Division of the State Architect’s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp.
(e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments.
(f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program. This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site. Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards. This bill, for every lease form or rental agreement executed on or after January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection. Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes. This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the commission’s educational materials and information available to other state agencies and local building departments. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 1938 of the Civil Code, and to amend Sections 4459.8 and 8299.06 of the Government Code, relating to disability access.


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

SECTION 1.
Section 1016.2 is added to the Penal Code, to read:
1016.2.
The Legislature finds and declares all of the following:
(a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)).
(b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.”
(c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction.
(d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge.
(e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences.
(f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation.
(g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return.
(h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section.
SEC. 2.
Section 1016.3 is added to the Penal Code, to read:
1016.3.
(a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences.
(b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.
(c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires the court in a noncapital case, if the defendant appears for arraignment without counsel, to inform the defendant that it is his or her right to have counsel before being arraigned and to ask the defendant if he or she desires the assistance of counsel. If the defendant desires and is unable to employ counsel, the court is required to assign counsel to defend him or her as provided. Existing law requires courts, prior to acceptance of a plea of guilty or nolo contendere by a defendant, to inform the defendant that a conviction of the offense charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. This bill would require defense counsel to provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and with professional standards, defend against those consequences. The bill would require the prosecution, in the interests of justice, to consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. By requiring an increased level of service, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Sections 1016.2 and 1016.3 to the Penal Code, relating to criminal procedure.


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

SECTION 1.
Section 53094 of the Government Code is amended to read:
53094.
(a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred:
(1) The zoning ordinance makes provision for the location of public schools.
(2) The city or county has adopted a general plan.
(b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings.
(c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education.
SEC. 2.
Section 53097.3 of the Government Code is repealed.
SEC. 3.
Section 53097.3 is added to the Government Code, to read:
53097.3.
(a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education.
(b) When a charter school facility is physically located within the geographic jurisdiction of a school district
or county office of education
, the charter school may make a written request for this school district
or county office of education
to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which
the
a
school district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094.
The notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision.
Along with the written request, a school district
or county office of education
may require the charter school to provide the school district with any or all of the following:
(1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district
or county office of education
.
(2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility.
(3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request.
(c)
(1)
If the requirements of subdivision (b) are met, the school district
or county office of education
shall, within 60 days of receiving the written request and, if required, other items described in subdivision (b),
place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board,
notify the city or county concerned in writing that the school district
or county board
has rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district
or county office of education
.
(2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school.
(d)
(1)
If
a charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and
the school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may
subsequently
request this county office of education to provide the notice of inapplicability to the city or county concerned
, under the same process and standard
as described in subdivision (c)
.
If, after receiving this request,
(2) If
the county office of education does not provide the notice of inapplicability within
60 days of receiving an original request from a charter school, or within
30 days of
the
receiving a
request
that was first submitted to a school district
, the charter school may file an appeal with the State Board of Education.
Notwithstanding
(3)
Notwithstanding
any other
provision of
law, upon receipt of the appeal, the State Board of Education
, within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if
approved by the boards,
shall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school
facility.
facility, under the same process and standards as required of the school district and county office of education as described in subdivision (c).
(e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law authorizes the governing board of a school district, by a 23 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except when the proposed use is for nonclassroom facilities. This bill would extend this authorization to the governing board of a county office of education. Existing law prohibits a school district from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school facility is physically located within the geographic jurisdiction of the school district. This bill would also prohibit a county office of education from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school is physically located within the geographic jurisdiction of the county office of education. The bill would authorize, when a charter school facility is physically located within the geographic jurisdiction of a school district or county office of education , a charter school to make a written request for this school district or county office of education to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school, as specified. The bill would authorize the school district or county office of education to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school district or county office of education to notify the city or county concerned that the school district or county office of education has taken this action. The bill would authorize the charter school to request a county office of education to provide the notice if the school district does not within a specified time period. The bill would also authorize the charter school, if the county office of education does not provide the notice within a specified time period, to file an appeal with the State Board of Education, which would be required to notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. By increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 53094 of, and to repeal and add Section 53097.3 of, the Government Code, relating to zoning ordinances.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) For millennia, fire has shaped and renewed the ecosystems of California’s forestlands. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans.
(b) For more than a century, states and the federal government have focused on fire suppression. This has resulted in unnaturally high fuel accumulations. Forests that may have normally hosted 50 to 60 trees per acre can now average 350 trees per acre or more. These forest conditions, often combined with prolonged periods of drought, substantially increase the risk of catastrophic wildfire and complicate response efforts.
(c) Historically, fire regimes were frequent, as often as every 3 to 10 years, but burned with far less intensity. Unlike modern catastrophic wildfires, historic forest fires largely burned surface fuels and scattered small groups of trees. In contrast, today’s forest fires often devastate wide swaths of forest, threaten and damage buildings and life, destroy habitat, kill wildlife, and cause severe erosion.
(d) California is expected to see more large fires in the future, which will result in increased greenhouse gas emissions. Some studies suggest that forest-fire-related greenhouse gas emissions could increase by more than 50 percent in the next 70 years.
(e) The 2013 Rim Fire burned over 250,000 acres over 69 days and caused hundreds of millions of dollars in economic and environmental damage; destroyed significant habitat for a number of California’s rarest animals; and demanded more than $125 million in firefighting costs. It is estimated that the Rim Fire released over 11 million metric tons of greenhouse gases, which is equivalent to the annual emissions of 2.3 million cars. Experts have attributed the fire’s exponential growth to a century’s worth of fuel left behind due to historical fire suppression policies.
(f) The 2007 Angora Fire resulted in roughly 143,000 tons of greenhouse gas emissions, or approximately 46.2 tons per acre. Studies indicate that those emissions could have been lowered to 12 tons per acre if the tree density was reduced from approximately 273 trees per acre to the natural 60 trees per acre level.
(g) To avoid these greenhouse gas emissions, we must focus our efforts on reducing the risk and intensity of catastrophic wildfires.
SEC. 2.
Section 38552 is added to the Health and Safety Code, to read:
38552.
(a) No later than January 1, 2017, the state board, in consultation with the Department of Forestry and Fire Protection, shall estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. To ensure the most accurate determination feasible, the state board shall evaluate the best available information on greenhouse gas emissions associated with wildfires.
(b) No later than January 1, 2017, the state board shall develop an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive.
(c) No later than July 1, 2017, and every year thereafter, the state board and the Department of Forestry and Fire Protection shall annually approximate the greenhouse gas emissions associated with wildfires during the prior calendar year.
(d) In performing the requirements pursuant to this section, the state board and the Department of Forestry and Fire Protection shall consider and separately quantify emissions associated with fires originating on federally managed lands and evaluate whether those emissions were exacerbated by management activities utilized on those lands.
SEC. 3.
Section 39719 of the Health and Safety Code is amended to read:
39719.
(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following:
(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code.
Funds
Moneys
shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual
proceeds,
proceeds
shall be expended for affordable housing, consistent with the provisions of that program.
(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the project.
(3) Beginning with the 2016–17 fiscal year and notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated to the Department of Forestry and Fire Protection from the fund, for the purposes of reducing greenhouse gas emissions by preventing the incidence and reducing the intensity of catastrophic wildfires, by any of the following methods:
(A) Vegetation management and brush clearance.
(B) Biomass energy incentives.
(C) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands.
(D) Reforestation of lands that have previously been burned in a catastrophic wildfire.
(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the
funds
moneys
subject to Section 39719.1 shall not be included.
SEC. 4.
Chapter 7.5 (commencing with Section 4495) is added to Part 2 of Division 4 of the Public Resources Code, to read:
CHAPTER  7.5. Wildfires and Greenhouse Gas Emissions
4495.
(a) No later than July 1, 2017, the department shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, develop and begin implementation of strategies to reduce by 2035 the preceding five-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline established pursuant to subdivision (b) of Section 38552 of the Health and Safety Code.
(b) The strategies developed and implemented pursuant to subdivision (a) may include, but are not limited to, any of the following:
(1) Vegetation management and brush clearance.
(2) Biomass energy incentives.
(3) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands.
(4) Reforestation of lands that have previously been burned in a catastrophic wildfire.
(5) Agreements between the federal government and the department to undertake identified strategies.

Summary: Existing law requires the Department of Forestry and Fire Protection to implement various fire prevention programs in the state and to provide fire suppression service in the event of wildfires in forest resources and timberlands. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. This bill would require the state board, in consultation with the department, no later than January 1, 2017, to estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. The bill would require the state board to develop, no later than January 1, 2017, an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. The bill would require the state board and the department to annually approximate, no later than July 1, 2017, and every year thereafter, the greenhouse gas emissions associated with wildfires during the prior calendar year. This bill, beginning with the 2016–17 fiscal year, would continuously appropriate $100,000,000 to the department from the Greenhouse Gas Reduction Fund for specified activities that have the purpose of reducing greenhouse gas emissions by preventing the incidence of and reducing the intensity of catastrophic wildfires. This bill would require the department, no later than July 1, 2017, after one or more specified public workshops, to develop and begin implementation of strategies to reduce by 2035 the preceding 5-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline described above.

An act to amend Section 39719 of, and to add Section 38552 to, the Health and Safety Code, and to add Chapter 7.5 (commencing with Section 4495) to Part 2 of Division 4 of the Public Resources Code, relating to wildfires, and making an appropriation therefor.


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

SECTION 1.
Section 9204 is added to the Public Contract Code, to read:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on public works in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to all claims by contractors in connection with public works.
(c) For purposes of this section:
(1) “Claim” means a separate demand by the contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a public works contract.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for public works.
(3) (A) “Public entity” means, without limitation, a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Division of Boating and Waterways in the Department of Parks and Recreation as to any project under the jurisdiction of that division pursuant to Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code.
(iii) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(iv) The Military Department as to any project under the jurisdiction of that department.
(v) The Department of General Services as to all other projects.
(vi) The High-Speed Rail Authority.
(4) “Public work” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, such as neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity in its public works contracts may include dispute resolution provisions that comply with this section, including the timeframes set forth herein, and that prescribe additional reasonable and equitable terms regarding actions or procedures to be taken by the parties.
(g) This section applies to contracts entered into on or after January 1, 2016.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law applicable to state public contracts generally requires that the resolution of claims related to those contracts be subject to arbitration. Existing law applicable to local agency contracts prescribes a process for the resolution of claims related to those contracts of $375,000 or less. This bill would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all claims by contractors in connection with public works. The bill would define a claim as a separate demand by the contractor for one or more of the following: a time extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed by the public entity, as specified. The bill would require a public entity, defined to exclude certain state entities, upon receipt of a claim sent by registered or certified mail, to review it and, within 45 days, provide a written statement identifying the disputed and undisputed portions of the claim. The 45-day period may be extended by mutual agreement. The bill would require any payment due on an undisputed portion of the claim to be processed within 60 days, as specified. The bill, if the public entity fails to issue the written statement, would require that the claim be deemed rejected in its entirety. The bill would authorize, if the claimant disputes the public entity’s written response or if the public entity fails to respond to a claim within the time prescribed, the claimant to demand to meet and confer for settlement of the issues in dispute. The bill would require any disputed portion of the claim that remains in dispute after the meet and confer conference to be subject to nonbinding mediation, as specified. The bill would provide that unpaid claim amounts accrue interest at 7 per annum. The bill would prescribe a procedure by which a subcontractor or lower tier contractor may make a claim through the contractor. The bill would require the text of these provisions or a summary of them to be set forth in the plans or specifications for any public work which may give rise to a claim. The bill would specify that a waiver of the rights granted by its provisions is void and contrary to public policy, except as specified. The bill would also specify that it does not impose liability on a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. By increasing the duties of local agencies and officials, this bill would impose a state-mandated local program. This bill would, on January 1, 2019, repeal the provision establishing the claim resolution process. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add and repeal Section 9204 of the Public Contract Code, relating to public contracts.


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

SECTION 1.
Section 1000 of the Penal Code is amended to read:
1000.
(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant:
(1) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offenses listed in this subdivision.
(2) The offense charged did not involve a crime of violence or threatened violence.
(3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision.
(4) The defendant has no prior conviction within five years prior to the alleged commission of the charged offense for a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5.
(b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (4), inclusive, of subdivision (a) apply to the defendant. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for pretrial diversion at the arraignment. If the defendant is found ineligible for pretrial diversion, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for pretrial diversion is a postconviction appeal.
(c) All referrals for pretrial diversion granted by the court pursuant to this chapter shall be made only to programs that have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to programs that provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision.
(d) Pretrial diversion for an alleged violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. Nothing in this subdivision shall be construed to expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in this section may be required to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the program. However, urinalysis results shall not be admissible as a basis for any new criminal prosecution or proceeding.
SEC. 2.
Section 1000.1 of the Penal Code is amended to read:
1000.1.
(a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include all of the following:
(1) A full description of the procedures for pretrial diversion.
(2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in the process.
(3) A clear statement that the court may grant pretrial diversion with respect to any crime specified in subdivision (a) of Section 1000 that is charged, provided that the defendant pleads not guilty to the charge or charges, waives the right to a speedy trial and to a speedy preliminary hearing, if applicable, and that upon the defendant’s successful completion of a program, as specified in subdivision (c) of Section 1000, the positive recommendation of the program authority and the motion of the defendant, prosecuting attorney, the court, or the probation department, but no sooner than six months and no later than one year from the date of the defendant’s referral to the program, the court shall dismiss the charge or charges against the defendant.
(4) A clear statement that upon any failure of treatment or condition under the program, or any circumstance specified in Section 1000.3, the prosecuting attorney or the probation department or the court on its own may make a motion to the court to terminate pretrial diversion and schedule further proceedings as otherwise provided in this code.
(5) An explanation of criminal record retention and disposition resulting from participation in the pretrial diversion program and the defendant’s rights relative to answering questions about his or her arrest and pretrial diversion following successful completion of the program.
(b) If the defendant consents and waives his or her right to a speedy trial and a speedy preliminary hearing, if applicable, the court may refer the case to the probation department or the court may summarily grant pretrial diversion. When directed by the court, the probation department shall make an investigation and take into consideration the defendant’s age, employment and service records, educational background, community and family ties, prior controlled substance use, treatment history, if any, demonstrable motivation, and other mitigating factors in determining whether the defendant is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which programs the defendant would benefit from and which programs would accept the defendant. The probation department shall report its findings and recommendations to the court. The court shall make the final determination regarding education, treatment, or rehabilitation for the defendant. If the court determines that it is appropriate, the court shall grant pretrial diversion if the defendant pleads not guilty to the charge or charges and waives the right to a speedy trial and to a speedy preliminary hearing, if applicable.
(c) (1) No statement, or any information procured therefrom, made by the defendant to any probation officer or drug treatment worker, that is made during the course of any investigation conducted by the probation department or treatment program pursuant to subdivision (b), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation.
(2) No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged, that is made to any probation officer or drug program worker subsequent to the granting of pretrial diversion shall be admissible in any action or proceeding.
(d) A defendant’s participation in pretrial diversion pursuant to this chapter shall not constitute a conviction or an admission of guilt for any purpose.
SEC. 3.
Section 1000.2 of the Penal Code is amended to read:
1000.2.
(a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted pretrial diversion. If the defendant does not consent to participate in pretrial diversion the proceedings shall continue as in any other case.
(b) At the time that pretrial diversion is granted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing.
(c) The period during which pretrial diversion is granted shall be for no less than six months nor longer than one year. However, the defendant may request, and the court shall grant, for good cause shown, an extension of time to complete a program specified in subdivision (c) of Section 1000. Progress reports shall be filed by the probation department with the court as directed by the court.
SEC. 4.
Section 1000.3 of the Penal Code is amended to read:
1000.3.
(a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is convicted of an offense that reflects the defendant’s propensity for violence, or the defendant is convicted of a felony, the prosecuting attorney, the court on its own, or the probation department may make a motion for termination from pretrial diversion.
(b) After notice to the defendant, the court shall hold a hearing to determine whether pretrial diversion shall be terminated.
(c) If the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a crime as indicated in subdivision (a) the court shall schedule the matter for further proceedings as otherwise provided in this code.
(d) If the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed.
(e) Prior to dismissing the charge or charges or terminating pretrial diversion, the court shall consider the defendant’s ability to pay and whether the defendant has paid a diversion restitution fee pursuant to Section 1001.90, if ordered, and has met his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2.
SEC. 5.
Section 1000.4 of the Penal Code is amended to read:
1000.4.
(a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the defendant was diverted shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
(b) The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which pretrial diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
SEC. 6.
Section 1000.5 of the Penal Code is amended to read:
1000.5.
(a) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urinalysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a pretrial diversion program as provided in this chapter.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section 1000.3, or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply.
SEC. 7.
Section 1000.6 of the Penal Code is amended to read:
1000.6.
(a) Where a person is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter, the person shall be allowed, under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant’s preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules.
(b) If the conditions specified in subdivision (a) are met, using medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program. A patient who uses medications to treat substance use disorders and participates in a preguilty plea or pretrial diversion program shall comply with all court program rules.
(c) A person who is participating in a pretrial diversion program or preguilty plea program pursuant to this chapter who uses medications to treat substance use disorders shall present to the court a declaration from his or her health care practitioner, or his or her health care practitioner’s authorized representative, that the person is currently under their care.
(d) Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter.
(e) Except as provided in subdivisions (a) to (d), inclusive, this section shall not be interpreted to amend any provisions governing diversion programs.
SEC. 8.
Section 1000.7 is added to the Penal Code, immediately following Section 1000.6, to read:
1000.7.
This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001).

Summary: Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. A defendant qualifies if he or she has no conviction for any offense involving controlled substances, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, the defendant’s record does not indicate that probation or parole has ever been revoked without being completed, and the defendant’s record does not indicate that he or she has been granted diversion, deferred entry of judgment, or was convicted of a felony within 5 years prior to the alleged commission of the charged offense. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months to 3 years. If the defendant does not perform satisfactorily in the program, does not benefit from the program, is convicted of specified crimes, or engages in criminal activity rendering him or her unsuitable for deferred entry of judgment, the defendant’s guilty plea is entered and the court enters judgment and proceeds to schedule a sentencing hearing. If the defendant completes the program, the criminal charges are dismissed. Existing law allows the presiding judge of the superior court, with the district attorney and public defender, to establish a pretrial diversion drug program. This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would provide that a defendant qualifies for the pretrial diversion program if he or she has no prior conviction within 5 years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program and the defendant has no prior conviction for a serious or violent felony within 5 years prior to the alleged commission of the charged offense. Under the pretrial diversion program created by this bill, a qualifying defendant would enter a not guilty plea, and proceedings would be suspended in order for the defendant to enter a drug treatment program for 6 months to one year, or longer if requested by the defendant with good cause. The bill would require the court, if the defendant does not perform satisfactorily in the program or is convicted of specified crimes, to terminate the program and reinstate the criminal proceedings. The bill would require the criminal charges to be dismissed if the defendant completes the program.

An act to amend Sections 1000, 1000.1, 1000.2, 1000.3, 1000.4, 1000.5, and 1000.6 of, and to add Section 1000.7 to, the Penal Code, relating to deferred entry of judgment.