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

SECTION 1.
Section 1464 of the Penal Code is amended to read:
1464.
(a) (1) Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.
(2) Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine.
(3) The penalty imposed by this section does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code.
(C) Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7.
(b) Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension.
(c) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
(e) After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and
Game
Wildlife
.
(2) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code.
(3) Once a month there shall be transferred into the Peace Officers’ Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(4) Once a month there shall be transferred into the
Driver Training Penalty Assessment Fund
Body-worn Camera F
und
an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(5) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(8) (A) Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 1996–97 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 1997–98, 1998–99, and 1999–2000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both.
(B) Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision.
SECTION 1.
SEC. 2.
Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read:
TITLE 14. Body-Worn Camera
Matching
Grant Program for Local Law Enforcement
14400.
The
Department of Justice
Board of State and Community Corrections
shall develop a
matching
grant program for the purpose of
matching federal
making
funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment
, and to hire personnel necessary to operate a local body-worn camera program
.
The matching grant program shall allow the state either to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for federal matching fund purposes.
14402.
The state matching grant program shall comport with requirements of the federal matching fund program for purposes of purchasing body-worn cameras for use by local peace officers.
14402.
The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400.
14404.
If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes.
SEC. 2.
There is hereby appropriated from the General Fund to the Department of Justice, the amount of ____ dollars ($____) for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment.

Summary: Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment. This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described. This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes. Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund. This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund. By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.

An act to
amend Section 1464 of, and to
add Title 14 (commencing with Section 14400) to Part 4 of the Penal Code, relating to peace officers, and making an appropriation therefor.


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

SECTION 1.
Section 832.18 is added to the Penal Code, to read:
832.18.
(a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices.
(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data:
(1) Designate the person responsible for downloading the recorded data from the body-worn camera. If the storage system does not have automatic downloading capability, the officer’s supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident.
(2) Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data.
(3) Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data.
(4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data.
(5) Specifically state the length of time that recorded data is to be stored.
(A) Unless subparagraph (B) or (C) applies, nonevidentiary data including video and audio recorded by a body-worn camera should be retained for a minimum of 60 days, after which it may be erased, destroyed, or recycled. An agency may keep data for more than 60 days to have it available in case of a citizen complaint and to preserve transparency.
(B)  Evidentiary data including video and audio recorded by a body-worn camera under this section should be retained for a minimum of two years under any of the following circumstances:
(i) The recording is of an incident involving the use of force by a peace officer or an officer-involved shooting.
(ii) The recording is of an incident that leads to the detention or arrest of an individual.
(iii) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency.
(C) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency should retain the recording for any time in addition to that specified in paragraphs (A) and (B), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution.
(D) In determining a retention schedule, the agency should work with its legal counsel to determine a retention schedule to ensure that storage policies and practices are in compliance with all relevant laws and adequately preserve evidentiary chains of custody.
(E) Records or logs of access and deletion of data from body-worn cameras should be retained permanently.
(6) State where the body-worn camera data will be stored, including, for example, an in-house server which is managed internally, or an online cloud database which is managed by a third-party vendor.
(7) If using a third-party vendor to manage the data storage system, the following factors should be considered to protect the security and integrity of the data:
(A) Using an experienced and reputable third-party vendor.
(B) Entering into contracts that govern the vendor relationship and protect the agency’s data.
(C) Using a system that has a built-in audit trail to prevent data tampering and unauthorized access.
(D) Using a system that has a reliable method for automatically backing up data for storage.
(E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns.
(F) Using a system that includes technical assistance capabilities.
(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media Internet Web sites, and include sanctions for violations of this prohibition.
(c) (1) For purposes of this section, “evidentiary data” refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. The retention period for evidentiary data are subject to state evidentiary laws.
(2) For purposes of this section, “nonevidentiary data” refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty.
(d) Nothing in this section shall be interpreted to limit the public’s right to access recorded data under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

Summary: Existing law makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication. Existing law exempts specified peace officers from that provision if they are acting within the scope of their authority. This bill would require law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined.

An act to add Section 832.18 to the Penal Code, relating to peace officers.


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

SECTION 1.
The Legislature finds and declares as follows:
(a) On February 27, 2014, the President of the United States launched the My Brother’s Keeper initiative to address persistent opportunity gaps faced by boys and young men of color and to ensure that all young people can reach their full potential.
(b) The My Brother’s Keeper Task Force recognizes that challenges facing boys and young men of color affect others as well and that it is important to break down barriers wherever they exist and to identify means of creating ladders of opportunity for all.
(c) The My Brother’s Keeper Task Force was established to develop a coordinated federal effort to significantly improve the expected life outcomes for boys and young men of color, including Black Americans, Hispanic Americans, and Native Americans, and to improve their contributions to the nation’s prosperity, so that all youth have an equal opportunity at achieving the American dream.
(d) The My Brother’s Keeper Task Force noted that significant diversity exists within and among boys and men of color as a segment of the population. Differences of language status, income, disability, sexual orientation, and many other factors influence the identity and experience of these young people, just as with any other population.
(e) My Brother’s Keeper is focused on the following milestones: (1) getting a healthy start and entering school ready to learn; (2) reading at grade level by third grade; (3) graduating from high school ready for college and career; (4) completing postsecondary education or training; (5) successfully entering the workforce; and (6) keeping kids on track and giving them second chances.
(f) The My Brother’s Keeper Task Force Report to the President (May 2014) cites numerous areas in which boys and men of color consistently experience disproportionately negative outcomes. These areas include living in poverty, living without a male parent in the household, high school dropout rates, unemployment, death by homicide, and imprisonment.
(g) The My Brother’s Keeper Task Force has identified initial recommendations and areas of opportunity at each of these key milestones or “focus areas.” The task force has also identified several cross-cutting areas of opportunity that span all focus areas.
(h) The recommendations in the My Brother’s Keeper Task Force Report to the President inform and influence California policy and California’s compliance with those recommendations makes the state more competitive for federal funding and strengthens its economic competitiveness.
(i) Our state’s future prosperity and health depend on all Californians having a fair chance to thrive and succeed. One of the best investments we can make is to be certain we do everything possible to help young people become healthy, productive adults. As California becomes more diverse, we must nurture and harness the talents, skills, and hopes of young people of color — boys and young men in particular.
(j) The Department of Finance projects California’s population of boys and men of color will increasingly represent a growing percentage of the state's male population, reaching close to 80 percent for boys and men of color compared to 20 percent for non-Hispanic white males by 2050.
(k) The Assembly Select Committee on the Status of Boys and Men of Color in California has recognized that boys and young men of color are in jeopardy, and this poses a serious threat to California’s economic strength and competitiveness.
(l) The Assembly Select Committee on the Status of Boys and Men of Color’s policy framework emphasizes the following issues: (1) health and safety; (2) education; (3) juvenile justice; (4) employment and wealth; and (5) youth development. Related issues that have been recommended for expansion of the committee’s work include higher education, immigration, and housing.
(m) Community and youth leaders from across the state have taken a significant interest in partnering with government and systems leaders through the Alliance for Boys and Men of Color in order to improve the health and success of our state’s young people of color.
SEC. 2.
Chapter 3.4 (commencing with Section 8265) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  3.4. Interagency Task Force on the Status of Boys and Men of Color
8265.
(a) (1) There is in state government the Interagency Task Force on the Status of Boys and Men of Color, which shall serve as a support mechanism for department, agency, and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color, and assisting the respective departments and agencies in more successfully improving life outcomes for this population.
(2) It is the intent of the Legislature that the task force include participation from a core set of department, agency, and systems leaders with discretion and responsibility for policy areas of primary importance to the fulfillment of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men in California.
(b) The task force shall be comprised of the following 20 members:
(1) One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, as ex officio, nonvoting members, and to the extent that participation is not incompatible with their position as Members of the Legislature.
(2) The Superintendent of Public Instruction, or his or her designee.
(3) The President of the University of California, or his or her designee.
(4) The Chancellor of the California State University, or his or her designee.
(5) The Chancellor of the California Community Colleges, or his or her designee.
(6) The Secretary of California Health and Human Services, or his or her designee.
(7) The State Public Health Officer, or his or her designee.
(8) The Deputy Director of the Office of Health Equity, or his or her designee.
(9) The Secretary of Business, Consumer Services, and Housing, or his or her designee.
(10) The Secretary of Labor and Workforce Development, or his or her designee.
(11) The Director of Employment Development, or his or her designee.
(12) The Executive Director of the California Workforce Investment Board, or his or her designee.
(13) The Chair of the California Workforce Investment Board, or his or her designee.
(14) The Secretary of Transportation, or his or her designee.
(15) The Director of Finance, or his or her designee.
(16) The Attorney General, or his or her designee.
(17) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee.
(18) The Chair of the Board of State and Community Corrections, or his or her designee.
(19) The Chief Justice of California, or his or her designee.
(c) The task force shall elect one of its members to serve as chair of the task force. Desirable qualifications for the position of chair shall include, but not be limited to, all of the following:
(1) He or she should possess a broad and deep understanding of the issues facing boys and men of color.
(2) He or she should be a political appointee with a senior leadership role either leading a department or agency or managing a significant and pertinent body of work.
(3) He or she should have a demonstrated strong and positive working relationship with the members of the Legislature and the Governor.
(d) All members of the task force shall hold office until the appointment of their successors.
8266.
Meetings of the task force shall be subject to the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3).
8267.
The task force shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, all of the following:
(a) To employ any administrative, technical, or other personnel necessary for the performance of its powers and duties.
(b) To hold hearings, make and sign any agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.
(c) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate the task force properly to carry out its powers and duties.
(d) To appoint advisers or advisory committees from time to time when the task force determines that the experience or expertise of the advisers or advisory committees is needed for projects of the task force. Section 11009 shall apply to these advisers or advisory committees.
(e) To accept any federal funds granted, by act of Congress or by executive order, for all or any of the purposes of this chapter.
(f) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter.
8268.
(a) Within six months after the effective date of this chapter, the task force shall complete all of the following requirements:
(1) Assess existing department and agency programs that align with the priorities outlined in the May 2014 My Brother’s Keeper Task Force Report to the President. Based on this assessment, the task force shall identify state opportunities to partner and coordinate with the work of the federal My Brother’s Keeper Task Force.
(2) Assess the Governor’s Budget to identify those areas in which the budget priorities are in alignment with the objectives of the task force.
(3) Review the action plan of the Final Report and Policy Platform for State Action (2012–18) of the Assembly Select Committee on the Status of Boys and Men of Color in California, and identify ambitious state goals for boys and men of color, as well as barriers to achieving desired results.
(b) Upon completion of the requirements in subdivision (a), the long-term, ongoing responsibilities of the task force shall include all of the following:
(1) Assessing state policies, regulations, and programs with respect to boys and men of color, and the development of proven and promising strategies to enhance positive outcomes and eliminate or mitigate negative outcomes.
(2) Preparing population and agency-specific data on boys and men of color in California. The task force shall aggregate the data and make it publicly available in a manner that does not reveal personally identifiable information or otherwise conflict with federal or state privacy laws.
(3) Serving as a liaison to departments and agencies by ensuring engagement and partnership with other public, nonprofit, and philanthropic entities among the various member agencies and with the task force as a whole, and recommend ways to strengthen partnerships with external leaders advancing strategies relevant to boys and men of color.
(c) The first meeting of the task force shall be convened on or before January 31, 2016. Subsequently, the task force shall convene on no less than a quarterly basis to assess progress on its ongoing responsibilities pursuant to subdivision (b), and to provide support and ensure coordination across agencies.
(d) (1) Notwithstanding Section 10231.5, the task force shall prepare and submit to the Legislature an annual report on department and agency findings pursuant to this section. The task force shall also report these findings at the Assembly Select Committee on the Status of Boys and Men of Color in California’s annual hearing on the status of advancing the committee priorities and policies.
(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
8269.
With respect to its duties under Section 8268, the task force shall be an advisory body only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the task force without further legislation that specifically authorizes that the evaluations, determinations, and findings of the task force be implemented.
8269.5
The Boys and Men of Color Task Force Fund is hereby created as a fund in the State Treasury to carry out this chapter in support of the task force, upon appropriation by the Legislature. Subject to the approval of the Department of Finance, all moneys collected or received by the task force from gifts, bequests, or donations shall be deposited in the State Treasury to the credit of the Boys and Men of Color Task Force Fund in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.
8269.7.
This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.

Summary: The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. The federal My Brother’s Keeper Initiative, launched by the President of the United States in February 2014, required the establishment of the My Brother’s Keeper Task Force, an interagency effort to improve the expected educational and life outcomes for and address the persistent opportunity gaps faced by boys and young men of color in the United States. This bill would establish until January 1, 2026, the Interagency Task Force on the Status of Boys and Men of Color, a multiagency advisory body that would serve as a support mechanism for department agency and systems leaders by taking coordinated action in meeting the myriad of challenges facing boys and men of color in California, and assisting the respective departments and agencies in more successfully improving life outcomes for this population. The membership of the task force would include members of the Legislature, as well as representatives of specified agencies, departments, and private entities. The bill would set forth the initial and ongoing responsibilities of the task force, including, among others, an assessment of state program alignment with the objectives of the My Brother’s Keeper program, review the action plan of a specified final report of the Assembly Select Committee on the Status of Boys and Men of Color in California, and an assessment of the development of strategies to enhance positive outcomes and eliminate or mitigate negative outcomes for boys and men of color in the state. The bill would establish the Boys and Men of Color Task Force Fund, which would be subject to appropriation by the Legislature, to carry out the bill’s requirements in support of the task force, upon appropriation by the Legislature. The bill would authorize the task force to accept federal funds, gifts, donations, grants, or bequests for all or any of its purposes.

An act to add and repeal Chapter 3.4 (commencing with Section 8265) to Division 1 of Title 2 of the Government Code, relating to state government.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California has one of the lowest Selective Service System registration compliance rates in the nation.
(b) Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c) California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d) The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e) Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a driver’s license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act.
(f) To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the driver’s license application process should be revised so that every male applicant for an original driver’s license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law.
SEC. 2.
Section 12801.3 is added to the Vehicle Code, to read:
12801.3.
(a) The department shall require an application for an original driver’s license to include, in a place deemed appropriate by the department, all of the following:
(1) The following statement and a line by the statement for the applicant’s signature:

“I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver’s license.”

(2) A notice indicating the following:

“Selective Service System Registration
Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.”

(3) A notice indicating the following:

“For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm”

(b) Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original driver’s license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him.
(c) The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding.
(d) The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration.
(e) (1) (A) This section shall be implemented by the department only if both of the following conditions are satisfied:
(i) Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii) The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose.
(B) On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i) Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii) Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii) Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv) Post a copy of the declaration on the department’s Internet Web site.
(2) Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.

Summary: Existing law establishes the practices and procedures for the issuance of an original or a renewal of a driver’s license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System. This bill would permit a person who is required to register under the federal act to consent to registration with the federal Selective Service System by affirming his consent to that registration at a specified location on his application for a driver’s license. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original driver’s license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format. This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department, as specified.

An act to add Section 12801.3 to the Vehicle Code, relating to vehicles.


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

SECTION 1.
Section 50408 of the Health and Safety Code is amended to read:
50408.
(a) On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.
(b) The report shall include all of the following information:
(1) The number of units assisted by those programs.
(2) The number of individuals and households served and their income levels.
(3) The distribution of units among various areas of the state.
(4) The amount of other public and private funds leveraged by the assistance provided by those programs.
(5) Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.
(6) The information required to be reported pursuant to Section 17031.8.
(7) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.
SEC. 1.5.
Section 50408 of the Health and Safety Code is amended to read:
50408.
(a)  On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.
(b)  The report shall include all of the following information:
(1)  The number of units assisted by those programs.
(2)  The number of individuals and households served and their income levels.
(3)  The distribution of units among various areas of the state.
(4)  The amount of other public and private funds leveraged by the assistance provided by those programs.
(5)  Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.
(6)  The information required to be reported pursuant to Section 17031.8.
(7) (A) An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article.
(B) The evaluation shall inclspecific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility.
(8) An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.
SEC. 2.
Chapter 6.8 (commencing with Section 50676) is added to Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER  6.8. Federal Housing Trust Fund
50676.
(a) The department is hereby designated as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations.
(b) The department shall administer the funds through any existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10 percent of funding may be used to support home ownership for extremely low income and very low income households. Any rental project funded from the federal Housing Trust Fund shall restrict affordability for 55 years through a recorded and enforceable affordability covenant. Any home ownership program funded from the federal Housing Trust Fund shall restrict affordability for 30 years through either a recorded and enforceable affordability covenant or a recorded and enforceable equity recapture agreement.
(c) The department shall collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds shall be distributed, based on the priority housing needs identified in the state’s consolidated plan prepared in accordance with Part 91 (commencing with Section 91.1) of Subtitle A of Title 24 of the Code of Federal Regulations. The department shall submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds.
(d) The allocation plan and guidelines shall give priority to projects based on:
(1) Geographic diversity.
(2) The extent to which rents are affordable, especially to extremely low income households.
(3) The merits of a project.
(4) Applicants readiness.
(5) The extent to which projects will use nonfederal funds.
50676.1.
(a) The departments shall convene a stakeholder process to inform the development of the allocation plan. Stakeholders represented shall include, but not be limited to, organizations that provide rental housing for extremely low income households and very low income households or assist extremely low income households and very low income households to become homeowners.
(b) The department may adopt, amend, or repeal guidelines to implement this chapter. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 3.
Section 1.5 of this bill incorporates amendments to Section 50408 of the Health and Safety Code proposed by both this bill and Assembly Bill 388. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 50408 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 388, in which case Section 1 of this bill shall not become operative.

Summary: Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is responsible for administering various housing and home loan programs throughout the state. Existing law also establishes the California Housing Finance Agency within the department, and provides that the primary purpose of the agency is to meet the housing needs of persons and families of low to moderate income. Existing federal law requires the Secretary of the Department of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low- and very low income families, including homeless families, and home ownership for extremely low- and very low income families. This bill would designate the Department of Housing and Community Development as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund. This bill would require the department to administer the funds through existing or newly created programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely low income and very low income households, except that up to 10 of funding may be used to support home ownership for extremely low income and very low income households. The bill would require any rental project funded from the federal Housing Trust Fund to restrict affordability for 55 years, as specified, and require any home ownership program funded from the federal Housing Trust Fund to restrict affordability for 30 years, as specified. This bill would require the department to collaborate with the California Housing Finance Agency to develop an allocation plan to demonstrate how the funds will be distributed, based on the priority housing needs identified in the state’s consolidated plan, and to convene a stakeholder process to inform the development of the plan. The bill would require the allocation plan and guidelines to give priority to projects based on specified factors. The bill would require the department to submit the plan to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committee 30 days after receipt of the federal funds. The bill would authorize the department to adopt, amend, or repeal guidelines to implement these provisions. The bill would exempt these guidelines from the Administrative Procedure Act. Existing law requires, on or before December 31 of each year, the department to submit an annual report, containing specified information, to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. This bill would require that annual report to also include an evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines. This bill would incorporate additional changes to Section 50408 of the Healthy and Safety Code proposed by AB 388 that would become operative if this bill and AB 388 are enacted and this bill is enacted last.

An act to amend Section 50408 of, and to add Chapter 6.8 (commencing with Section 50676) 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 6100 of the Fish and Game Code is amended to read:
6100.
(a)  Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner. The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion.
(b) The department within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead pursuant to subdivision (a), or within the time determined by mutual written agreement, shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. The department shall notify the owner that it shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife.
(c) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article.
(d) The diversion shall not commence until the department has determined that measures necessary to protect fishlife have been incorporated into the plans and construction of the diversion.
SEC. 2.
Section 12025.1 is added to the Fish and Game Code, to read:
12025.1.
(a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation.
(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025.
(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3) Forty percent shall be deposited into the Fish and Game Preservation Fund.
(d) (1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025.
(2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025.
(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner:
(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code.
(g) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.
SEC. 3.
Section 12025.2 is added to the Fish and Game Code, to read:
12025.2.
The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation of Section 1052 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section.
SEC. 4.
Section 8687.9 is added to the Government Code, to read:
8687.9.
Funding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the eligibility restrictions of Section 1782 of the Labor Code.
SEC. 5.
Section 4629.6 of the Public Resources Code is amended to read:
4629.6.
Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes:
(a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5.
(b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code.
(c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards.
(d) For transfer to the department’s Forest Improvement Program, upon appropriation by the Legislature, for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4.
(e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies.
(f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017.
(2) Any funds deposited into the Timber Regulation and Forest Restoration Fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment.
(3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision.
(g) To the department, upon appropriation by the Legislature, for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of Division 4).
(h) To the department, upon appropriation by the Legislature, to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities.
SEC. 6.
Section 189 is added to the Water Code, to read:
189.
(a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate organizational unit or within the state board’s divisions or offices.
(b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions:
(1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems.
(2) Promoting and facilitating regional drinking water and wastewater projects.
(3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities.
(4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state.
(5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities.
SEC. 7.
Section 13442 of the Water Code is amended to read:
13442.
(a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste.
(b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity for which it seeks moneys and the entity is any of the following:
(1) A public agency.
(2) A tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division.
(3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5.
(4) A community water system, as defined in Section 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5.
(c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board’s approval of payment, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section.
(d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety.
(e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.
Section 13442 is added to the Water Code, to read:
13442.
(a) Upon application by a public agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, with authority to clean up a waste or abate the effects of a waste, the state board may order moneys to be paid from the account to the agency, tribal government, or organization to assist it in cleaning up the waste or abating its effects on waters of the state.
(b) The agency, a tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division, or a not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5, shall not become liable to the state board for repayment of moneys paid under this section, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section.
(c) This section shall become operative on July 1, 2018.
SEC. 9.
Section 81023 is added to the Water Code, to read:
81023.
Consistent with Division 26.7 (commencing with Section 79700), the sum of ten million dollars ($10,000,000) of the proceeds of bonds authorized to be issued and available for the purposes of Section 79746 shall be transferred to the fund and used by the department, upon appropriation, for loans for the following water conservation and water use efficiency projects and programs to achieve urban water use targets developed pursuant to Section 10608.20:
(a) (1) Five million dollars ($5,000,000) for a pilot project for local agencies to provide water efficiency upgrades to eligible residents at no upfront cost.
(2) Five million dollars ($5,000,000) for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water.
(b) The department may implement this section by providing to a local agency a zero-interest loan of up to three million dollars ($3,000,000).
(c) A local agency that receives a loan pursuant to this section shall exercise reasonable efforts to recover the costs of the loan. However, the department may waive up to 10 percent of the repayment amount for costs that could not be recovered by the local agency.
(d) The department and a local agency that is an urban retail water supplier and that receives a loan pursuant to this section may enter into a mutually agreeable schedule for making loan repayments into the CalConserve Water Use Efficiency Revolving Fund.
SEC. 10.
Section 81046 of the Water Code is amended to read:
81046.
A local agency may implement water use efficiency loan programs pursuant to this division through on-bill financing.
SEC. 11.
(a) In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are suspended for purposes of state agencies implementing Executive Order B-28-14 and the proclamations of a state of emergency dated January 17, 2014, and April 25, 2014, as long as the state of emergency due to drought conditions remains in effect.
(b) The suspensions provided in subdivision (a) apply only to contracts that respond to conditions arising from the drought and that support the state agencies in any of the following:
(1) Addressing impacts on human health and safety, including providing or improving availability of food, water, or shelter.
(2) Addressing impacts on fish and wildlife resources.
(3) Providing water to persons or communities affected by the drought.
(c) Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to this section.
(d) Information related to a contract approved pursuant to this section shall be posted on the California Drought Internet Web site, including identification of the contracting agency, the contractor, the contract amount, the contract duration, and a brief description of the goods or services provided under the contract.
SEC. 12.
An agency receiving moneys from one or more sources as appropriated pursuant to either Senate Bill 75 or Assembly Bill 91 of the 2015–16 Regular Session shall use, whenever feasible, the services of the California Conservation Corps or a certified community conservation corps, as defined under Section 14507.5 of the Public Resources Code, for restoration, ecosystem protection projects, or other similar work.
SEC. 13.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

Summary: Existing law requires any new diversion of water from any stream having populations of salmon and steelhead that is determined by the Department of Fish and Wildlife to be deleterious to salmon and steelhead to be screened by the owner of the diversion. Existing law requires the department to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead within 30 days of receipt of a notice of a diversion of water from a stream having populations of salmon and steelhead. This bill would instead require the department, within 30 days of providing written notice to the owner that the department has determined that the diversion is deleterious to salmon and steelhead, to submit to the owner its proposals as to measures necessary to protect the salmon and steelhead. Existing law prohibits the construction or maintenance, in certain fish and game districts, of any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. A violation of this provision is a misdemeanor. This bill would impose an additional civil penalty of not more than $8,000 for a violation of this provision. Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain laws regarding the use and diversion of water, and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served. This bill would authorize the Director of the Department of Fish and Wildlife, or his or her designee, to issue a complaint in accordance with the above-specified provisions alleging that an unauthorized diversion or use of water harms fish and wildlife resources. Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with prevailing wage provisions on any public works contract or if the city has awarded, within the prior 2 years, a public works contract without requiring the contractor to comply with prevailing wage provisions, as specified. Existing law authorizes charter cities to receive or use state funding or financial assistance if the city has a local prevailing wage ordinance, applicable to all of its public works contracts, that includes requirements that are equal to or greater than the state’s prevailing wage requirements, as specified. This bill would exempt from that prohibition funding and financial assistance provided to a charter city in response to an emergency. Existing law provides various technical assistance opportunities to disadvantaged communities for projects relating to groundwater sustainability, clean drinking water, and water recycling and advanced treatment water technology projects. This bill would establish the Office of Sustainable Water Solutions within the State Water Resources Control Board to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. The bill would authorize the office to take certain actions in furtherance of this purpose. Existing law, the Porter-Cologne Water Quality Control Act, authorizes the imposition and collection of civil and criminal penalties for specified violations of that act. The act requires certain moneys, including General Fund revenues of penalties, collected pursuant to these provisions to be deposited in the State Water Pollution Cleanup and Abatement Account in the State Water Quality Control Fund. The act continuously appropriates the moneys in the account to the State Water Resources Control Board for specified cleanup programs. The act authorizes the state board, upon application by a public agency, specified tribal governments, or not-for-profit organizations serving disadvantaged communities that have authority to clean up a waste or abate the effects of a waste to order moneys in the account to be paid to the entity to assist in cleaning up the waste or abating its effects on waters. This bill would, until July 1, 2018, additionally authorize the state board to pay these moneys to a community water system that serves a disadvantaged community and would authorize moneys in the account to be used to assist in addressing an urgent drinking water need. By authorizing new expenditures from a continuously appropriated account, this bill would make an appropriation. The bill would exempt projects using moneys paid pursuant to these provisions from state contracting and procurement requirements, as specified, and would authorize the state board to adopt guidelines for the allocation and administration of moneys in the account that would be exempt from the Administrative Procedure Act. Existing law establishes the CalConserve Water Use Efficiency Revolving Fund and provides that the moneys in the fund are available to the Department of Water Resources, upon appropriation by the Legislature, for the purpose of water use efficiency projects. Existing law requires moneys in the fund to be used for purposes that include, but are not limited to, at or below market interest rate loans to local agencies, as defined, and permits the department to enter into agreements with local agencies that provide water or recycled water service to provide loans. Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The bond act provides that the sum of $810,000,000 is to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan and respond to climate change and contribute to regional water security. The bond act authorizes the use of $100,000,000 of those funds for direct expenditures, and for grants and loans, for certain water conservation and water use efficiency plans, projects, and programs. This bill would transfer to the CalConserve Water Use Efficiency Revolving Fund the sum of $10,000,000 of the proceeds of these bonds for water conservation and water use efficiency projects and programs to achieve urban water use targets. This bill would require the department to use $5,000,000 for a pilot project for local agencies to provide water efficiency upgrades to eligible residents. This bill would require the department to use the other $5,000,000 for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. The bill would authorize the department to provide local agencies with zero-interest loans of up to $3,000,000 and would require a local agency that receives a loan pursuant to these provisions to exercise reasonable efforts to recover the costs of the loan. The bill would also authorize the department to waive up to 10 of the repayment amount for costs that could not be recovered by a local agency. The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative bidding procedures authorized in certain cases. Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. During a state of emergency, existing law authorizes the Governor to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Pursuant to this authority, the Governor proclaimed a state of emergency, and a continued state of emergency, due to drought conditions and suspended certain statutes. This bill would suspend the provisions of the Government Code and the Public Contract Code applicable to state contracts for purposes of state agencies implementing the Governor’s orders proclaiming a state of emergency as long as the state of emergency due to drought conditions remains in effect. The bill would specify that these suspensions only apply to contracts that respond to conditions arising from the drought and that support the state agencies in specified actions. The bill would require approval by the Department of Finance prior to the execution of any contract entered into pursuant to this provision and would require that certain information relating to these contracts be posted on the California Drought Internet Web site. This bill would require an agency receiving moneys from one or more sources as appropriated pursuant to Assembly Bill 91 or Senate Bill 75 of the 2015–16 Regular Session to use the services of the California Conservation Corps or a certified community conservation corps, as defined, for restoration, ecosystem protection projects, or other similar work. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

An act to amend Section 6100 of, and to add Sections 12025.1 and 12025.2 to, the Fish and Game Code, to add Section 8687.9 to the Government Code, to amend Section 4629.6 of the Public Resources Code, and to amend Section 81046 of, to amend, repeal, and add Section 13442 of, and to add Sections 189 and 81023 to, the Water Code, relating to water, and making an appropriation therefor, to take effect immediately, bill related to the budget.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) There is worldwide concern regarding the plight of elephants and rhinoceroses, who are being poached at alarming rates — an average of 96 elephants per day are killed in Africa.
(b) Illegal poaching and wildlife trafficking is the fourth largest transnational crime and ivory helps fund the military operations of notorious terrorist groups. Smuggling gangs move tons of tusks to markets thousands of miles away.
(c) International, federal, and state laws are all being strengthened to protect these iconic species from cruelty and extinction. The states of New York and New Jersey recently enacted strong prohibitions on intrastate ivory and rhinoceros horn commerce and the federal government has proposed strengthened ivory trade and import regulations.
(d) California has prohibited the ivory trade since 1977, but a loophole has rendered the law unenforceable — allowing illegal sales to flourish. San Francisco and Los Angeles have consistently ranked among the top trading markets for illegal ivory in the United States.
SEC. 2.
Section 2022 is added to the Fish and Game Code, to read:
2022.
(a) For the purposes of this section, the following terms have the following meanings:
(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following:
(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution’s national, state, or local tax authority.
(B) Accreditation as an educational or scientific institution, from a qualified national, regional, state, or local authority for the institution’s location.
(2) “Ivory” means a tooth or tusk from a species of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory.
(3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn.
(4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year.
(5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater.
(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn.
(c) The prohibitions set forth in subdivision (b) shall not apply to any of the following:
(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.
(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.
(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.
(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied:
(A) The purchase, sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law.
(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016.
(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence shall not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence.
(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:
(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment.
(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(3) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment.
(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment.
(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following:
(1) The chief of enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount.
(2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint.
(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department.
(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.
(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature.
(j) This section does not preclude enforcement under Section 653o of the Penal Code.
SEC. 3.
Section 5 of Chapter 692 of the Statutes of 1976 is repealed.
SEC. 4.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 6.
This act shall become operative on July 1, 2016.

Summary: Existing law makes it a crime to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an elephant. Existing law exempts the possession with intent to sell, or sale of the dead body, or any part or product thereof, of any elephant before June 1, 1977, or the possession with intent to sell or the sale of any such item on or after June 1, 1977, if the item was imported before January 1, 1977. This bill would delete this exemption. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would make it unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn, except as specified, and would make this prohibition enforceable by the Department of Fish and Wildlife. The bill would make a violation of this provision or any rule, regulation, or order adopted pursuant to this provision a misdemeanor subject to specified criminal penalties. By creating a new crime, the bill would impose a state-mandated local program. In addition to the specified criminal penalties, the bill would authorize the department to impose an administrative penalty of up to $10,000 for a violation of this provision or any rule, regulation, or order adopted pursuant to this provision. This bill would provide that the provisions of this bill are severable. This bill would make these provisions operative on July 1, 2016. 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 Section 2022 to the Fish and Game Code, and to repeal Section 5 of Chapter 692 of the Statutes of 1976, relating to animal parts and products.