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

SECTION 1.
Section 39719.2 of the Health and Safety Code is amended to read:
39719.2.
(a) The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program is hereby created, to be administered by the state board in conjunction with the State Energy Resources Conservation and Development Commission. The program, from moneys appropriated from the fund for the purposes of the program, shall fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. Priority shall be given to projects benefiting disadvantaged communities pursuant to the requirements of Sections 39711 and 39713.
(b) Projects eligible for funding pursuant to this section include, but are not limited to, the following:
(1) Technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck
and bus
technology, including projects that help to facilitate clean goods-movement corridors.
(A) Until January 1, 2018, no less than 20 percent of funding made available for the purposes of this paragraph shall support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology.
(B) (i) Between January 2, 2018, and January 1, 2023, no less than 50 percent of the moneys allocated each year for the purposes of this paragraph shall be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds an emission standard of 0.02 grams per brake horsepower-hour oxides of nitrogen, as described in the optional low oxides of nitrogen emission standards in Section 1956.8 of Title 13 of the California Code of Regulations. The state board shall allocate at least two-thirds of the amount available for allocation pursuant to this subparagraph to heavy-duty truck projects.
(ii) (I) Between January 2, 2018, and January 1, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 30 percent renewable fuel.
(II) Beginning January 2, 2020, a heavy-duty truck or heavy-duty bus with an internal combustion engine receiving moneys allocated pursuant to this subparagraph shall use not less than 50 percent renewable fuel.
(III) The state board may increase the minimum percentage of renewable fuel required for the allocation of moneys pursuant to this subparagraph in subsequent years if the state board makes a finding that a higher percentage is commercially feasible and the State Energy Resources Conservation and Development Commission makes a finding that there is a sufficient supply of renewable energy fuel available. An increase adopted pursuant to this subclause shall apply prospectively to moneys allocated after the increase is adopted by the state board.
(IV) The percentage in effect at the time the moneys are awarded to a heavy-duty truck or heavy-duty bus with an internal combustion engine pursuant to this subparagraph shall not change that award.
(V) This subparagraph does not alter or affect in any way the amount of credit or grants for which a low-carbon-fuel provider or truck or bus operator is eligible pursuant to law.
(iii) The state board shall limit the amount of incentives that may be allocated for any one vehicle or engine manufacturer in each year to 49 percent of the moneys allocated in that year for the purposes of this subparagraph.
(iv) The state board shall ensure that available moneys are allocated on a competitive basis to projects that are shown to achieve the greatest greenhouse gas emissions reductions not otherwise required by statute or regulation.
(2) Zero- and near-zero-emission bus technology development, demonstration, precommercial pilots, and early commercial deployments, including pilots of multiple vehicles at one site or region.
(3) Zero- and near-zero-emission off-road vehicle and equipment technology development, demonstration, precommercial pilots, and early commercial deployments, including vehicles and equipment in the port, agricultural, marine, construction, and rail sectors.
(4) Purchase incentives, which may include point-of-sale, for commercially available zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and fueling infrastructure to support early market deployments of alternative technologies and to increase manufacturer volumes and accelerate market acceptance.
(5) Projects that support greater commercial motor vehicle and equipment freight efficiency and greenhouse gas emissions reductions, including, but not limited to, advanced intelligent transportation systems, autonomous vehicles, and other freight information and operations technologies.
(c) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall develop guidance through the existing Air Quality Improvement Program funding plan process for the implementation of this section that is consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this chapter.
(d) The guidance developed pursuant to subdivision (c) shall do all of the following:
(1) Outline performance criteria and metrics for deployment incentives. The goal shall be to design a simple and predictable structure that provides incentives for truck, bus, and off-road vehicle and equipment technologies that provide significant greenhouse gas reduction and air quality benefits.
(2) Ensure that program investments are coordinated with funding programs developed pursuant to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9 (commencing with Section 44270) of Part 5).
(3) Promote projects that assist the state in reaching its climate goals beyond 2020, consistent with Sections 38550 and 38551.
(4) Promote investments in medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, marine equipment, and rail equipment.
(5) Implement purchase incentives for eligible technologies to increase the use of the cleanest vehicles in disadvantaged communities.
(6) Allow for remanufactured and retrofitted vehicles to qualify for purchase incentives if those vehicles meet warranty and emissions requirements, as determined by the state board.
(7) Establish a competitive process for the allocation of moneys for projects funded pursuant to this section.
(8) Leverage, to the maximum extent feasible, federal or private funding.
(9) Ensure that the results of emissions reductions or benefits can be measured or quantified. The state board shall post on its Internet Web site every two years the results of those measurements or quantifications.
(10) Ensure that activities undertaken pursuant to this section complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants.
(e) In evaluating potential projects to be funded pursuant to this section, the state board shall give priority to projects that demonstrate one or more of the following characteristics:
(1) Benefit disadvantaged communities pursuant to Sections 39711 and 39713.
(2) The ability to leverage additional public and private funding.
(3) The potential for cobenefits or multiple-benefit attributes.
(4) The potential for the project to be replicated.
(5) Regional benefit, with focus on collaboration between multiple entities.
(6) Support for technologies with broad market and emissions reduction potential.
(7) Support for projects addressing technology and market barriers not addressed by other programs.
(8) Support for enabling technologies that benefit multiple technology pathways.
(f) In the implementation of this section, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall create an annual framework and plan. The framework and plan shall be developed with public input and may utilize existing investment plan processes and workshops as well as existing state and third-party research and technology roadmaps. The framework and plan shall do all of the following:
(1) Articulate an overarching vision for technology development, demonstration, precommercial pilot, and early commercial deployments, with a focus on moving technologies through the commercialization process.
(2) Outline technology categories, performance criteria, and required mandates for technologies and applications that may be considered for funding pursuant to this section. This shall include technologies and low-carbon-fuel requirements for medium- and heavy-duty trucking, including, but not limited to, vocational trucks, short-haul and long-haul trucks, buses, and off-road vehicles and equipment, including, but not limited to, port equipment, agricultural equipment, construction equipment, marine equipment, and rail equipment.
(3) Describe the roles of the relevant agencies and the process for coordination among agencies, program participants, and low-carbon-fuel providers.
(g) For purposes of this section, the following terms have the following meanings:
(1) Effective January 2, 2018, “heavy-duty truck” means a truck that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.
(2) Effective January 2, 2018, “heavy-duty bus” means a bus that has a gross vehicle weight rating (GVWR) of 19,501 pounds or more.
(3) “Zero- and near-zero-emission” means vehicles, fuels, and related technologies that reduce greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as defined by the state board in consultation with the State Energy Resources Conservation and Development Commission. “Zero- and near-zero-emission” may include, but is not limited to, zero-emission technology, enabling technologies that provide a pathway to emissions reductions, advanced or alternative fuel engines for long-haul trucks, and hybrid or alternative fuel technologies for trucks and off-road equipment.

Summary: 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 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 as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects, as specified, with priority given to certain projects, including projects that benefit disadvantaged communities, as defined. The program, until January 1, 2018, requires no less than 20 of the funding made available for the purposes of technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. The program requires the state board to ensure that the results of emissions reductions or benefits can be measured or quantified. This bill, between January 2, 2018, and January 1, 2023, would require no less than 50 of the moneys allocated each year for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck and bus technology be allocated and spent to support the commercial deployment of existing zero- and near-zero-emission heavy-duty truck and heavy-duty bus technology that meets or exceeds a specified emission standard, with at least 23 of these funds to be allocated to heavy-duty truck projects. The bill would authorize the state board to increase those emission standards based on specified findings. The bill would require the state board to limit the incentives that may be allocated to any one vehicle or engine manufacturer in each year under these provisions to 49 of the moneys available for allocation in that year. The bill would require allocations under these provisions to be made for projects that are shown to achieve the greatest greenhouse gas emissions reductions, as specified. The bill also would require the state board to post on its Internet Web site the results of emissions reductions or benefits.

An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases.


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

SECTION 1.
Chapter 10 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read:
CHAPTER  10. Workplace Charging Stations Grant Program
39950.
For purposes of this chapter, the following definitions apply:
(a) “Eligible applicant” means a commercial property owner or lessee providing parking facilities for employees and visitors.
(b) “Program” means the Workplace Charging Stations Grant Program established pursuant to Section 39951.
39951.
(a) The state board, until January, 1, 2021, shall establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants for the installation of electric vehicle charging stations in their parking facilities.
(b) (1) The state board may award to an eligible applicant two thousand five hundred dollars ($2,500) for the first Level 2 charging port installed and an additional five hundred dollars ($500) for each additional Level 2 charging port installed.
(2) The maximum grant that may be awarded to an eligible applicant pursuant to the program is six thousand dollars ($6,000) per facility.
39952.
(a) In considering an application for a grant, the state board shall consider the cost effectiveness of the proposed installation, the potential for timely completion and operation of the electric vehicle charging station, and the overall economic benefits to California of the proposed installation.
(b) The state board shall give priority to proposed installations that meet one or more of the following criteria:
(1) The eligible applicant has made a binding commitment to make the electric vehicle charging stations readily available to employees and the public at no fee for charging for at least the first three years of the operation of the stations.
(2) The charging stations are available to employees and other members of the public 24 hours a day, seven days a week.
(3) The charging stations are installed in disadvantaged communities, as identified pursuant to Section 39711.
(4) The charging stations are located at or near a major traffic corridor.
39953.
(a) Eligible applicants receiving grants pursuant to this chapter shall report annually to the state board on the following:
(1) The number of charging sessions delivered for each charging station for which a grant was awarded.
(2) The amount electricity delivered for each charging session.
(3) The total amount of time an electric vehicle is plugged in for each charging session.
(4) The amount of downtime of each charging station for maintenance and repair.
(5) The maintenance or repair events of each charging station.
(b) (1) On or before July 1, 2018, and annually thereafter, until July 1, 2020, the state board shall submit a report to the Legislature providing a survey of the data submitted pursuant to subdivision (a) for the prior calendar year, identifying the benefits and problems with the program, and recommending improvements to the program.
(2) On or before July 1, 2021, the state board shall submit to the Legislature a final report providing an overall survey of the program and identifying the benefits accrued from the program.
(3) The reports required pursuant to paragraph (1) or (2) shall be submitted in accordance with Section 9795 of the Government Code.
39954.
This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SECTION 1.
Section 44270.3 of the
Health and Safety Code
is amended to read:
44270.3.
For the purposes of this chapter, the following definitions shall apply:
(a)“Benefit-cost score,” for the Alternative and Renewable Fuel and Vehicle Technology Program created pursuant to Section 44272, means a project’s expected or potential greenhouse gas emissions reduction per dollar awarded by the commission to the project from the Alternative and Renewable Fuel and Vehicle Technology Fund.
(b)“Commission” means the State Energy Resources Conservation and Development Commission.
(c)“Full fuel-cycle assessment” or “life-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following:
(1)Feedstock production, extraction, cultivation, transport, and storage, and the transportation and use of water and changes in land use and land cover therein.
(2)Fuel production, manufacture, distribution, marketing, transport, and storage, and the transportation and use of water therein.
(3)Vehicle operation, including refueling, combustion, conversion, permeation, and evaporation.
(d)“Vehicle technology” means any vehicle, boat, off-road equipment, or locomotive, or component thereof, including its engine, propulsion system, transmission, or construction materials.
(e)For purposes of the Air Quality Improvement Program created pursuant to Section 44274, the following definitions shall apply:
(1)“Benefit-cost score” means the reasonably expected or potential criteria pollutant emission reductions achieved per dollar awarded by the board for the project.
(2)“Project” means a category of investments identified for potential funding by the board, including, but not limited to, competitive grants, revolving loans, loan guarantees, loans, vouchers, rebates, and other appropriate funding measures for specific vehicles, equipment, technologies, or initiatives authorized by Section 44274.

Summary: The California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 requires the State Energy Resources Conservation and Development Commission to administer the Alternative and Renewable Fuel and Vehicle Technology Program to provide financial assistance for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The act requires the State Air Resources Board to administer the Air Quality Improvement Program to fund projects to reduce criteria air pollutants, to improve air quality, and to fund research to determine and improve air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies. Existing law defines various terms for purposes of those programs. Existing law requires the commission to allocate $20,000,000 annually to fund the number of publicly available hydrogen-fueling stations identified by the State Air Resources Board as being needed, as specified, until at least 100 stations are in operation. This bill would make nonsubstantive changes in the provision defining those terms. This bill would require the state board, until January 1, 2021, to establish and implement the Workplace Charging Stations Grant Program to award grants to eligible applicants, as defined, for the installation of electric vehicle charging stations in commercial parking facilities for employees and visitors. The bill would require eligible applicants awarded grants pursuant to the program to report annually to the state board on certain usage statistics of the charging stations. The bill would require the state board, on or before July 1, 2018, and annually thereafter, to submit to the Legislature a report on the program, as provided. The bill would repeal the above provision on January 1, 2022.

An act to
amend Section 44270.3
add and repeal Chapter 10 (commencing with Section 39950) of Part 2 of Division 26
of the Health and Safety Code, relating to
air resources.
vehicular air pollution.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Chapter 728 of the Statutes of 2008 (SB 375) supports the goals of the California Global Warming Solutions Act of 2006 (AB 32) by requiring each of the state’s 18 metropolitan areas to reduce greenhouse gas emissions from cars and light trucks. SB 375 calls on each metropolitan area to develop a sustainable communities strategy (SCS) to accommodate future population growth and reduce greenhouse gas emissions.
(b) One of the major components of SB 375 is to coordinate the regional housing needs allocation process with the regional transportation process while maintaining local authority over land use decisions. Thus, local officials are key decisionmakers in how the provisions of SB 375 are ultimately implemented.
(c) The nine-county Bay Area metropolitan area SCS, Plan Bay Area, was adopted in 2013 through a cooperative effort of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). The Bay Area is expected to grow by 2,000,000 people over the next 25 years.
(d) Plan Bay Area provides a strategy for meeting 80 percent of the region’s future housing needs in priority development areas (PDAs). These are neighborhoods within walking distance of frequent transit service, offering a wide variety of housing options, and featuring amenities such as grocery stores, community centers, open space, and restaurants.
(e) There is a direct relationship between development planning for population growth in PDAs and the provision of open space and other amenities in these areas that will be required to support projected growth. San Francisco, like most cities, aims to provide adequate quality open space for the broader public health and quality of life of its citizens and workforce. As new development occurs, it serves additional residents and employees, who, in turn, require new, or expanded and enhanced, open space.
(f) A 2014 San Francisco Citywide Nexus Analysis documents this direct relationship between projected population growth and the cost of new open-space infrastructure to support growth. Providing recreation and open space, such as baseball diamonds, soccer fields, parks, playgrounds, tennis courts, flower gardens, community gardens, and greenways, is a capital intensive undertaking, especially in San Francisco where land availability is low and land prices are high.
(g) To meet the goals of SB 375, more of the future development is planned to be walkable and bikeable and close to public transit, jobs, schools, shopping, parks, recreation, and other amenities. Many of San Francisco’s PDAs are located in areas of San Francisco that both lack open space and are home to most of the city’s freeways. There are many parcels and
right-of-ways
rights-of-way
beneath and adjacent to these freeways and within PDAs that could be used for open-space purposes, yet currently the cost of leasing those lands from the Department of Transportation (Caltrans) is prohibitively high.
(h) Thus, one strategy for supporting statewide SB 375 goals is to decrease the cost of providing additional open space by decreasing the cost of land. An innovative intergovernmental partnership would engage Caltrans in low-cost leases with San Francisco for areas under the freeways that overlap with PDAs and San Francisco would, in turn, take on the cost of building and maintaining much-needed new open space on those lands to support and accommodate future population growth and reduce greenhouse gas emissions.
(i) San Francisco has already demonstrated the viability of open-space uses under Caltrans freeways through various completed and successful projects. In the Mission Bay Area, San Francisco operates several recreational uses under Interstate 280, including volleyball and basketball courts, as well as pedestrian walkways. In the SoMa West area under the Route 101 Central Freeway, San Francisco leased two Caltrans parcels and built a very popular dog park and skatepark. The leases for these projects, which San Francisco negotiated carefully in partnership with Caltrans, could serve as models for a framework of more financially feasible open-space projects.
(j) With an under-freeway open-space framework in place, San Francisco could more readily meet its SB 375 goals. If this lower land cost opportunity was established, the under-freeway open-space projects could become financially feasible and San Francisco would be able to localize the decisionmaking process for these new open-space uses. This would allow San Francisco the flexibility to coordinate and plan locally and to more comprehensively plan to accommodate future population growth and reduce greenhouse gas emissions.
SEC. 2.
Section 104.16 of the Streets and Highways Code is amended to read:
104.16.
(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, may be leased by the department to the city and county or a political subdivision of the city and county or a state agency for purposes of an emergency shelter or feeding program.
(2) Any airspace under or adjacent to a freeway, or other real property acquired for highway purposes, in the City and County of San Francisco, which is not excess property and is within a priority development area, shall be leased on a first right of refusal basis by the department to the city and county, a political subdivision of the city and county, or a state agency for park, recreational, or open-space purposes.
(b) (1) The lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month.
(2) For up to 10 parcels, the lease amount for park, recreational, or open-space purposes shall be 10 percent or less of the average fair market lease value of the applicable parcel.
(3) With respect to a lease for an emergency shelter or feeding program or for park, recreational, or open-space purposes, the lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) In the case of a lease for park, recreational, or open-space purposes, the lease shall require the lessee to fund and construct associated infrastructure, and to accept full responsibility for liability associated to the uses, except as otherwise provided in the lease. The lease shall require the lessee to be responsible for all nonhighway-related maintenance costs associated with those uses, except as otherwise provided in the lease. The lease shall authorize the lessee, at its discretion, to subsidize its associated maintenance costs through generation of revenue under a limited revenue generation model, such as from retail use located on or contiguous to the leased property, if any revenues generated that exceed the associated maintenance costs are shared with the state, at a rate not less than 50 percent of those excess revenues, with that amount to be deposited in the State Highway Account.
(d) As used in this section, “priority development area” means
a neighborhood within walking distance of frequent transit service that offers a wide variety of housing options and that features various amenities, including grocery stores, community centers, open space, and restaurants.
an area identified in a sustainable communities strategy
developed pursuant to Section 65080 of the Government Code.
(e) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.

Summary: Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year. This bill would revise the provisions governing leases of department property in the City and County of San Francisco to also authorize leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions. These park, recreational, and open-space leases would be subject to a requirement for the department to lease property located within a priority development area, as defined, to the city and county on a right of first refusal basis and, for up to 10 parcels, at a specified below market value lease amount, and a requirement for the lessee to be responsible for all associated nonhighway maintenance costs. The bill would provide for the lease to authorize the lessee to subsidize its maintenance costs through a limited revenue generation model, with any revenues generated above the maintenance costs to be shared with the state, as specified.

An act to amend Section 104.16 of the Streets and Highways Code, relating to state highways.


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

SECTION 1.
Article 7.5 (commencing with Section 18781) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article  7.5. Type 1 Diabetes Research Fund
18781.
(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Type 1 Diabetes Research Fund established by Section 18782.
(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.
(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Type 1 Diabetes Research Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of an authorized diabetes research organization.
(2) Notwithstanding any other law, a voluntary contribution designation for the Type 1 Diabetes Research Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.
(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18781.5.
For purposes of this article:
(a) An “authorized diabetes research organization” means either:
(1) A university, located within the state, with a research program.
(2) A nonprofit charitable organization exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code that engages in research.
(b) “Research” shall include, but not be limited to, expenditures to develop and advance the understanding, techniques, and modalities effective in the cure, screening, and treatment of type 1 diabetes.
18782.
There is hereby established in the State Treasury the Type 1 Diabetes Research Fund to receive contributions made pursuant to Section 18781. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18781 to be transferred to the Type 1 Diabetes Research Fund. The Controller shall transfer from the Personal Income Tax Fund to the Type 1 Diabetes Research Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18781 for payment into that fund.
18783.
All moneys transferred to the Type 1 Diabetes Research Fund pursuant to Section 18782, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tar 1 of the second calendar year and each subsequent calendar year that the Type 1 Diabetes Research Fund appears on the tax return, the Franchise Tax Board shall do both of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the Type 1 Diabetes Research Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.

Summary: Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Type 1 Diabetes Research Fund, which the bill would create. The bill would require moneys transferred to the Type 1 Diabetes Research Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the University of California for distribution of grants to authorized diabetes research organizations, as defined, for the purpose of type 1 diabetes research, as provided.

An act to add and repeal Article 7.5 (commencing with Section 18781) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) More universal participation in postsecondary education in California is of vital public interest to ensure an informed citizenry, a functional democracy, a vibrant workforce, and a leading 21st century economy.
(b) Communities of color now comprise the new majority of California high school pupils. As cited by the University of California in an amicus brief filed in Fisher v. University of Texas, in 2012 high school graduates were 46.2 percent Latino, 30.5 percent white, 13.6 percent Asian or Pacific Islander, 6.7 percent African American, and 0.7 percent Native American.
(c) Despite outreach programs and other efforts, historically disadvantaged groups remain underrepresented. These groups include communities of color, immigrants, LGBTQ students, individuals from low-income and working class communities,access to higher education. This latter goal made California unique among the states and led to the creation of the most prominent higher education system in the nation and the world, a model that was replicated and revered. Undergirding this system and essential to its success was the commitment of California’s investment. Today, that commitment has changed as state resources that could have been made available for higher education have increasingly been dedicated to incarceration. According to the Public Policy Institute of California, from 2003 to 2010, inclusive, California’s prison population grew only 1 percent, while general fund expenditures on corrections increased by 26 percent.
(g) The Public Policy Institute of California projects that the state will fall short about 1,100,000 college graduates who will be in economic demand by 2030 if enrollment and graduation rates do not increase, and that highly educated workers from outside California are unlikely to fill this gap.
(h) Since 2012, when the California Postsecondary Education Commission was defunded, California has lacked a coordinating body for postsecondary education. The absence of such a body has reduced the ability of the state to effectively develop long-term plans for public postsecondary education and to fully engage with the public in the development of such plans.
(i) The Governor has acknowledged the well-established need for coordinating and guiding state higher education policy and has encouraged higher education stakeholders to explore alternative ways to more effectively improve coordination and development of higher education policy.
(j) Given this, and to ensure full and equitable accessibility to higher and postsecondary education, California must create and fund a Blue Ribbon Commission on Public Postsecondary Education to develop a written plan to ensure that public universities and colleges in California are tuition-free and affordable to all students, including low-income and underrepresented students, and have the capacity to provide universal participation for all high school graduates by the year 2030.
SEC. 2.
Chapter 11.1 (commencing with Section 66910) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  11.1. Blue Ribbon Commission on Public Postsecondary Education
66910.
(a) There is hereby created the Blue Ribbon Commission on Public Postsecondary Education. The purpose of the commission is to make recommendations on improving access to and affordability in postsecondary education for Californians.
(b) (1) There shall be nine public members of the commission, who shall be California residents who are community leaders, business leaders, and others knowledgeable in the area of postsecondary education. The nine public members shall be representative of the cultural, ethnic, racial, and geographic diversity of the state. The members are as follows:
(A) Three members from the public appointed by the Governor.
(B) Three members from the public appointed by the Senate Committee on Rules.
(C) Three members from the public appointed by the Speaker of the Assembly.
(2) The Governor may designate any one of the nine members appointed to the commission to serve as temporary chairperson of the commission for its first meeting. The first order of business of the commission shall be to elect a permanent chairperson.
(c) Commission meetings are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d) Members of the commission shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as members.
(e) No person who is employed or retained by any public or private postsecondary educational institution shall be appointed to or serve on the commission. No person who is a spouse or domestic partner of an employee, an officer, or retained by a public or private postsecondary educational institution shall be appointed to serve on the commission.
(f) (1) There shall be an office titled the Office of the Blue Ribbon Commission on Public Postsecondary Education. The office shall do all of the following:
(A) Implement the duties and directives of the commission.
(B) Consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities.
(2) The office may request and receive information necessary to conduct its business, from the higher education segments, the Department of Finance, the Legislative Analyst’s Office, and the Student Aid Commission.
(3) For purposes of this subdivision, “higher education segments” means the segments described in Section 66010.95. Higher education stakeholders include, but are not necessarily limited to, postsecondary faculty, staff, and students, K–12 representatives, representatives of the business community, representatives of labor, representatives of community-based organizations, and nonprofit organizations.
(g) (1) The office shall be established in state government, and shall be under the direct control of an executive director.
(2) The commission shall appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code.
(3) The commission shall select and designate a state administrative agency to carry out the personnel, contractual, and all other fiscal services required by the commission.
(h) The duties of the commission shall include, but need not be limited to, the review of relevant reports by the University of California, the California State University, the Board of Governors of the California Community Colleges, the Student Aid Commission, the Department of Finance, the Legislative Analyst’s Office, foundations or nonprofit organizations, the California Postsecondary Education Commission, or any other reports the commission deems appropriate.
(i) The commission shall conduct a series of at least 10 public hearings specifically focused on the needs of and seeking input from African Americans, Native Americans, Latinos, Asian Americans, Pacific Islanders, boys and men of color, undocumented immigrants, LGBTQ students, and other underserved or underrepresented groups in public postsecondary education. The hearings shall be held in geographically diverse regions of the state to solicit testimony of individuals, public interest groups, alumni organizations, or any other interested private groups and organizations as well as professors, administrators, students, representatives from historically underrepresented groups in public higher education, and others who are directly affected for the purpose of soliciting the input of these groups in the formulations of the commission’s recommendations.
(j) In addition, the commission shall, at a minimum, study, analyze, issue written recommendations, and report to the Legislature and to the Governor on all of the following:
(1) Establishing the need to create a public postsecondary education system that ensures universal access with the capacity to support universal participation of all high school graduates in California.
(2) Identifying the current enrollment capacity in public postsecondary education as compared to the enrollment capacity needed in public postsecondary education to ensure universal access and universal participation for all high school graduates in California.
(3) Identifying the enrollment slots needed to ensure the state’s public postsecondary education system can graduate an additional 1,100,000 California residents by 2030 to meet the economic demands of the state.
(4) Determining the number of additional campuses needed, if any, in each of the public postsecondary education segments to accommodate the additional enrollment demands described in paragraphs (1) to (3), inclusive. The commission shall consider geographic areas of the state where a significant demand for public postsecondary educational services is not being met by current campuses and programs.
(5) Ensuring that enrollments in public postsecondary institutions reflect the ethnic and racial diversity of California high school pupils and high school graduates. The commission shall identify admission criteria, student outreach, student preparation, student retention, and other mechanisms that can promote this diversity.
(6) Ensuring equity for historically disadvantaged and underrepresented groups that include, but are not limited to, communities of color, documented and undocumented immigrants, individuals from low-income and working-class backgrounds, LGBTQ people, and others with unique needs.
(7) Determining the amount of increased investments in public postsecondary education necessary to support a mission of universal access and participation of all Californians. The increased investments shall take into account the additional resources needed to support the recommendations pursuant to paragraphs (2) to (6), inclusive. These recommendations shall identify expenditure requirements to support this objective and recommend additional revenue sources to finance this mission.
(8) The resources required to create an affordable and tuition-free education system in the California public postsecondary environment, with a first priority on supporting those students with the lowest incomes and least financial resources. This task shall include an analysis of not only tuition and fees, but a focus on additional college costs, such as books and supplies, food, housing, transportation, loan fees, child and dependent care, and other costs. The analysis shall incorporate the availability of federal, state, and campus-based financial aid efforts to offset these additional college costs to determine the extra resources needed to support all low-income and underrepresented California resident students.
(k) The commission shall publish its report by March 31, 2018. The report shall be transmitted to the fiscal and education policy committees of the Legislature, the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, the Director of Finance, and the Governor. Copies of the report shall be posted on the Governor’s Internet Web site.
(l) The office shall close no later than June 30, 2018.
66911.
This chapter shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.
Upon the repeal of Section 66910 of the Education Code, all of the documents and working papers of the Blue Ribbon Commission on Public Postsecondary Education shall become the property of the State Archives.
SECTION 1.
It is the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California.
SEC. 2.
Section 66010.6 of the
Education Code
is repealed.

Summary: Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of the 4 segments comprising the state’s postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education. A provision of the act sets forth the missions of specified agencies charged with coordination, administration, or implementation of higher education policies and programs. This bill would delete this provision, and would express the intent of the Legislature to explore alternative ways to improve affordability, accessibility, coordination, and development of higher education policy that are consistent with the interest of the people and State of California. establish the 9-member Blue Ribbon Commission on Public Postsecondary Education, and specify its membership and duties. The bill would require the commission to publish a report on designated subjects and submit this report to designated governmental entities by March 31, 2018. The bill would require the Office of the Blue Ribbon Commission on Public Postsecondary Education to close on June 30, 2018, and would repeal the provisions of the bill on January 1, 2019. The bill would require, upon that repeal, all of the documents and working papers of the commission to become the property of the State Archives.

An act to
repeal Section 66010.6
add and repeal Chapter 11.1 (commencing with Section 66910) of Part 40 of Division 5 of Title 3
of the Education Code, relating to postsecondary education.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California is experiencing its worst water shortage crisis in modern history and increasing the use of recycled water, a supply that is not dependent on precipitation, is critical to increasing the flexibility of, and expanding, the state’s available water supply.
(b) The pressures on the Bay-Delta ecosystem, climate change, and continuing population growth have increased the challenges to the state in providing clean water needed for a healthy population and economy.
(c) Recycled water has been beneficially used in California for the past century for a variety of purposes, including agriculture, landscape irrigation, seawater barrier, industrial purposes, and groundwater recharge.
(d) Recycled water can significantly stretch California’s potable water supplies and help increase local water supply reliability. Currently, more than 3.5 million acre-feet of recyclable water is discharged annually to the ocean.
(e) The Assembly Committee on Water, Parks, and Wildlife, in March 2012, reported that the level of water supplies that could potentially be derived from recycled water is substantial.
(f) The National Academy of Sciences, in Water Reuse: Potential for Expanding the Nation’s Water Supply Through Reuse of Municipal Wastewater, states that “in the U.S. approximately 12 billion gallons of municipal wastewater effluent is discharged each day to an ocean or estuary and that reusing these coastal discharges could directly augment public supplies by 27 percent.”
(g) The National Academy of Sciences further found that, unlike water that is discharged into a stream and potentially used by another downstream party, water discharged to the ocean is considered “‘irrecoverable’ and thus constitutes ‘new supply.’”
(h) In 2010, the State Water Resources Control Board adopted a recycled water policy for California with a goal of creating an additional 2.5 million acre-feet of recycled water by 2030.
(i) The delivery of shovel-ready recycled water projects can provide immediate drought relief to California’s struggling communities.
(j) Recycled water projects could and should be expedited by providing relief from the time consuming provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), while still complying with all state and local laws and providing notice to the public and appropriate local and state agencies.
SEC. 2.
Section 21080.21.5 is added to the Public Resources Code, to read:
21080.21.5.
(a) This division does not apply to a project of less than eight miles in length within a public street, highway, or right-of-way for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline.
(b) For the purposes of this section, “pipeline” means subsurface pipelines and subsurface or surface accessories or appurtenances to a pipeline, such as mains, traps, vents, cables, conduits, vaults, valves, flanges, manholes, and meters.
(c) For a project described in subdivision (a), the lead agency shall do all of the following:
(1) Before determining the applicability of this section to a project, hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project.
(2) File a notice of exemption of the project from this division with the Office of Planning and Research and in the office of the county clerk of each county in which the project is located within 20 days of the approval of the project. The county clerk shall post the notice within 24 hours of receipt.
(3) Ensure that the overlaying property owner has given permission to access the property, in the case of a right-of-way over private property, if access is not granted in the express terms of the right-of-way.
(4) Ensure the restoration of the public street, highway, or right-of-way to a condition consistent with all applicable local laws or regulations, or a negotiated agreement.
(d) The project applicant shall comply with all applicable laws and regulations, including Chapter 3 (commencing with Section 60301) of Division 4 of Title 22 of the California Code of Regulations.
(e) This section does not apply to any of the following:
(1) A project that is a part of a larger project for the construction and installation of a new recycled water pipeline, or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing recycled water pipeline, that exceeds the length limitation set forth in subdivision (a).
(2) A project that is adjacent to another project for which a claim of exemption pursuant to this section has been made.
(3) A project that is located in a resource area, such as a park, open space, protected habitat area, or lands subject to a conservation easement.
(4) A project for which an excavation activity that is more than one-half mile in length at any one time will be undertaken.
(f)  This section 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.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts specified pipeline projects from the above requirements. This bill would, until January 1, 2020, additionally exempt from CEQA a project for the construction and installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline, not exceeding 8 miles in length, for the distribution of recycled water within a public street, highway, or right-of-way and would require the lead agency to undertake specified activities, including the filing of a notice of exemption for the project with the Office of Planning and Research and the office of the county clerk of each county in which the project is located. The bill would require the lead agency, before determining the applicability of the exemption, to hold a noticed public hearing to consider and adopt mitigation measures for potential traffic impacts of the project. Because the lead agency would be required to determine whether a project qualifies for that exemption, and undertake specified activities, this bill would impose a state-mandated local program. The bill would require the county clerk to post the notice of exemption within 24 hours of receipt, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to add and repeal Section 21080.21.5 of the Public Resources Code, relating to environmental quality.


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

SECTION 1.
Chapter 17 (commencing with Section 50897) is added to Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER  17. Workforce
HousingPilot
Housing Pilot
Program
50897.
It is the intent of the Legislature in enacting this chapter to ensure that funds allocated to eligible recipients and administered by the Department of Housing and Community Development be of maximum benefit in meeting the needs of persons and families of low or moderate income. It is the intent of the Legislature to support Californians residing in areas where housing prices have risen to levels that are unaffordable. The Legislature intends that these funds be provided to eligible recipients in areas that are experiencing a rise in home prices and rental prices so that they may assist individuals who are not able to live where they work.
50897.1.
As used in this chapter:
(a) “Eligible recipient” means any of the following:
(1) A city that resides within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county.
(2) A city that does not reside within a county that is defined by the United States Department of Housing and Urban Development as a “high-cost” county but has been determined by the department to be experiencing a rise in home prices and rental prices such that persons and families of low or moderate income are unable to live where they work.
(3) A charitable nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code that has created and is operating or will operate a housing trust fund and that applies jointly with a city described in this subdivision.
(b) “Notice of funding availability” or “NOFA” means a public announcement that an estimated amount of funding will be awarded by a department program according to specified criteria and schedules.
(c) “Persons and families of low or moderate income” means persons and families whose incomes do not exceed 120 percent of the area median income, adjusted for family size.
(d) “Department” means the Department of Housing and Community Development.
50897.2.
(a) There is hereby established the Workforce Housing Pilot Program.
(b) Subject to the appropriation of funds for purposes of this chapter, the department shall award grant funding pursuant to the issuance of a notice of funding availability (NOFA) to eligible recipients that apply for financing. The department shall determine the appropriate amount of the grant for the purposes of accomplishing the intent of the Legislature.
(c) An eligible recipient shall do all of the following:
(1) Use the grant funds awarded to it for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve persons and families of low or moderate income. The affordability of all units assisted shall be restricted for a period of at least 55 years.
(2) Hold a public hearing to discuss and describe the project that will be financed pursuant to this chapter. The meeting shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). If a charitable nonprofit organization described in paragraph (3) of subdivision (a) is awarded grant funds pursuant to this chapter, the city that applied jointly with the charitable nonprofit organization shall hold the public hearing.
(3) File periodic reports with the department regarding the use of grant funds provided pursuant to this chapter.
(d) (1) An eligible recipient may use the grant funds to provide downpayment assistance to persons and families of low or moderate income.
(2) The department shall set limits on the amount of downpayment assistance that may be provided pursuant to paragraph (1) in order to maximize the use of the grant funds.
(e) (1) All grant funds awarded pursuant to this chapter shall be matched on a dollar-for-dollar basis.
(2)
(A)
Paragraph (1) shall not apply to an eligible recipient that is suffering a hardship and is unable to generate the matching funds.
(B) An eligible recipient shall demonstrate the hardship to the Department of Finance, and the Department of Finance shall determine whether the eligible recipient is suffering a hardship. The eligible recipient shall submit any information requested by the Department of Finance for purposes of determining whether a hardship exists.
(f) On or before December 31 of each year in which funds are awarded pursuant to this chapter, the department shall provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received.
(g) The program shall operate until all appropriated funds have been awarded.
(h) (1) Upon the depletion of appropriated funds and the termination of the pilot program pursuant to subdivision (g), the department shall submit a report to the Assembly and Senate committees on appropriations. The report shall evaluate the need for housing of persons and families of low or moderate income in areas that received grant funds pursuant to this chapter. The report shall also include, but not be limited to, a recommendation on whether the pilot program should continue.
(2) The requirement for submitting a report imposed under this subdivision is inoperative four years after the report becomes due.
(i) The reports to be submitted pursuant to subdivisions (f) and (h) shall be submitted in compliance with Section 9795 of the Government Code.

Summary: Existing law, among several affordable housing programs, establishes the Local Housing Trust Fund Matching Grant Program, administered by the Department of Housing and Community Development, for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing. Existing law authorizes the department to make matching grants available to cities and counties, or a city and county, and existing charitable nonprofit organizations that have created, funded, and operated housing trust funds. This bill would create the Workforce Housing Pilot Program, pursuant to which the department, subject to the appropriation of funds for that purpose, would award grant funding to eligible recipients, as defined, for the predevelopment costs, acquisition, construction, or rehabilitation of rental housing projects or units within rental housing projects that serve, and for providing downpayment assistance to, persons and families of low or moderate income. The bill would require all grant funds to be matched on a dollar-for-dollar basis, unless the eligible recipient is suffering a hardship and is unable to generate the matching funds. The bill would require the Department of Finance to determine whether an eligible recipient is suffering a hardship. The bill would require the department, Department of Housing and Community Development, on or before December 31 of each year in which grant funds are awarded, to provide a report to the Legislature regarding the number of grants awarded, a description of the projects funded, the number of units funded, and the amount of matching funds received. The bill would require the pilot program to operate until all appropriated funds have been awarded. The bill, upon the depletion of appropriated funds, would require the department to submit a report to the Assembly and Senate committees on appropriations evaluating the need for housing of persons and families of low or moderate income in areas that received grant funds and a recommendation on whether the pilot program should continue.

An act to add Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code, relating to housing.


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

SECTION 1.
Section 116700 of the Health and Safety Code is amended to read:
116700.
(a) Within 30 days after service of a copy of an order issued by the state board, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.
(b) In every case, the court shall exercise its independent judgment on the evidence.
(c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section.
(d) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.
SEC. 2.
Section 13321 of the Water Code is amended to read:
13321.
(a) (1) In the case of a review by the state board under Section 13320 or review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration, the state board, upon notice and hearing, if a hearing is requested, may stay in whole or in part the effect of the decision or order of a regional board or of the state board. Except as provided in paragraph (2), the state board shall issue or deny the stay within 90 days of receipt of a request for stay that complies with the applicable regulations for requesting a stay. The party requesting the stay may extend the 90-day period.
(2) (A) If the request for stay relates to either of the following, the state board shall issue or deny the stay within 45 days of receipt of a request for stay that complies with the applicable regulations for requesting the stay:
(i) A water quality certification issued under Section 13160 authority delegated to an officer or employee of the state board for a discharge for a proposed activity associated with a hydroelectric facility and the proposed activity requires a license or an amendment to a license issued by the Federal Energy Regulatory Commission.
(ii) A cleanup and abatement order issued under Section 13304 authority delegated to an officer or employee of the state board or a regional board that requires the provision of alternate water supplies within 120 days of the date of the order.
(B) The party requesting a stay may extend the 45-day period described in subparagraph (A).
(3) If the state board fails to issue or deny the stay within the applicable period specified in paragraph (1) or (2), the request for stay shall be deemed denied on the first day following the applicable period.
(b) (1) Within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied pursuant to paragraph (3) of subdivision (a), any aggrieved party may file with the superior court a petition for writ of mandate for review of the state board’s order issuing or denying a stay or failure to issue or deny a stay.
(2) (A) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed under this section.
(B) If the superior court finds that the state board failed to follow the procedures specified in subdivision (a) or otherwise prejudicially abused its discretion, the superior court may set aside the state board’s order issuing or denying the stay and may stay, in whole or in part, the effect of the decision or order of a regional board or of the state board pending review by the state board.
(C) Notwithstanding subparagraph (A) or (B), if a request for stay is subject to paragraph (2) of subdivision (a), the superior court may proceed without a certified administrative record and may stay, in whole or in part, the effect of the order or decision issued under delegated authority pending the state board’s review of the order or decision, however, no such stay shall be imposed if the court is satisfied that it is against the public interest.
(3) In an action under this section or Section 13330 involving a water quality certification issued pursuant to Section 13160, the court shall not issue a stay or other order that enjoins or has the effect of preventing the state board from taking action necessary to avoid a waiver of water quality certification for failure to act within the period provided under federal law. In determining whether there is a risk of waiver, the court shall consider the applicable regulations or policies of the federal agency issuing the permit or license subject to the water quality certification.
(c) If the state board or the superior court grants a stay under this section, the stay may be made effective as of the effective date of the regional board or state board decision or order.
(d) If a petition is filed with the superior court under Section 13330, any stay in effect at the time of the filing of the petition shall remain in effect by operation of law for a period of 20 days from the date of the filing of that petition.
SEC. 3.
Section 13330 of the Water Code is amended to read:
13330.
(a) Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or order issued pursuant to Article 7 (commencing with Section 13550) of Chapter 7, any aggrieved party may file with the superior court a petition for writ of mandate for review of the decision or order. An aggrieved party must file a petition for reconsideration with the state board to exhaust that party’s administrative remedies only if the initial decision or order is issued under authority delegated to an officer or employee of the state board and the state board by regulation has authorized a petition for reconsideration. The state board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the state board adopts the decision or order.
(b) A party aggrieved by a final decision or order of a regional board subject to review under Section 13320 may obtain review of the decision or order of the regional board in the superior court by filing in the court a petition for writ of mandate not later than 30 days from the date on which the state board denies review.
(c) The time for filing an action or proceeding subject to Section 21167 of the Public Resources Code for a person who seeks review of the regional board’s decision or order under Section 13320, or who seeks reconsideration under a state board regulation authorizing a petition for reconsideration, shall commence upon the state board’s completion of that review or reconsideration.
(d) If no aggrieved party petitions for writ of mandate within the time provided by this section, a decision or order of the state board or a regional board shall not be subject to review by any court.
(e) Except as provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a decision or order of the state board issued under Section 13320, or a decision or order of a regional board for which the state board denies review under Section 13320, other than a decision or order issued under Section 13323.
(f) Except as provided in this section, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under this division. Except as provided in this section and Section 13321, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted.
(g) A party aggrieved by a decision or order issued by the state board under Article 7 (commencing with Section 13550) of Chapter 7 may petition for reconsideration or judicial review in accordance with Chapter 4 (commencing with Section 1120) of Part 1 of Division 2.
(h) For purposes of this section, a decision or order includes a final action in an adjudicative proceeding and an action subject to Section 11352 of the Government Code, but does not include an action subject to Section 11353 of the Government Code or the adoption, amendment, or repeal of a regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4.
Section 13361 of the Water Code is amended to read:
13361.
(a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.

Summary: Existing law, the Porter-Cologne Water Quality Control Act, within 30 days of any action or failure to act by a California regional water quality control board under specified law, authorizes an aggrieved person to petition the State Water Resources Control Board to review that action or failure to act. Existing law authorizes the state board, in the case of such a review, upon notice and hearing, if a hearing is requested, to stay in whole or in part the effect of the decision and order of a regional board or of the state board. This bill would expand that provision to authorize the state board to issue a stay in the case of review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration by the state board. The bill would generally require the state board to issue or deny the stay within 90 days of receipt of a request for stay, as specified, and would deem the request for stay denied if the state board fails to issue or deny the stay within the prescribed applicable period. The bill would authorize any aggrieved party, within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied, to file with the superior court a petition for writ of mandate and would specify the law that governs those proceedings. The act authorizes an aggrieved party to file with the superior court a petition for writ of mandate for review of a decision or order issued by the state board or a regional board, and requires those proceedings to be governed by specified law. Existing law, except as specified, requires the court to exercise its independent judgment on the evidence in cases involving the judicial review of a decision or order of the state board, or a decision or order of a regional board for which the state board denies review under the act. This bill would require the state board to order or deny reconsideration on a petition not later than 90 days from the date the state board adopts the decision or order. The bill, except as specified, would prohibit any legal or equitable process from issuing in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under the act, or a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. Existing law, the California Safe Drinking Water Act, requires the state board to administer provisions relating to the regulation of drinking water to protect public health. The state board’s duties include, but are not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, and adopting and enforcing regulations. Existing law requires the state board to appoint a deputy director to oversee the issuance and enforcement of public water system permits and delegates certain authorities of the state board to the deputy director. The act authorizes the deputy director to issue an order directing certain actions whenever the deputy director determines that a person has violated or is violating the act, or any permit, regulation, or standard issued or adopted pursuant to the act. The act authorizes an aggrieved party 30 days after service of a copy of the order or decision to file with the superior court a petition for a writ of mandate for review of the order or decision. The act requires that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act and requires, in every case, the court to exercise its independent judgment on the evidence. The act prohibits a failure to file an action from precluding a party from challenging the reasonableness and validity of the decision or order in specified judicial proceedings. This bill would provide that a decision or order of the state board is not subject to review by any court if no aggrieved party petitions for a writ of mandate within 30 days after service of a copy of an order or decision issued by the state board. The bill would eliminate the requirement that the evidence before the court consist of all relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the act.

An act to amend Section 116700 of the Health and Safety Code, and to amend Sections 13321, 13330, and 13361 of the Water Code, relating to the State Water Resources Control Board.