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

SECTION 1.
Section 709 of the Welfare and Institutions Code is amended to read:
709.
(a) (1) Whenever the court has a doubt that a minor who is subject to any juvenile proceedings is mentally competent, the court shall suspend all proceedings and proceed pursuant to this section.
(2) A minor is mentally incompetent for purposes of this section if he or she is unable to understand the nature of the proceedings, including his or her role in the proceedings, or unable to assist counsel in conducting a defense in a rational manner, including a lack of a rational and factual understanding of the nature of the charges or proceedings. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability, or developmental immaturity. Except as specifically provided otherwise, this section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602.
(3) During the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. The receipt of information or the expression of doubt of the minor’s counsel does not automatically require the suspension of proceedings. If the court has a doubt as to the minor’s competency, the court shall suspend the proceedings.
(b) (1) Unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor’s lack of competency, the court shall appoint an expert to evaluate the minor and determine whether the minor suffers from a mental illness, mental disorder, developmental disability, developmental immaturity, or other condition affecting competency and, if so, whether the minor is competent.
(2) The expert shall have expertise in child and adolescent development and forensic evaluation of juveniles for purposes of adjudicating competency, shall be familiar with competency standards and accepted criteria used in evaluating juvenile competency, and shall have received training in conducting juvenile competency evaluations.
(3) The expert shall personally interview the minor and review all of the available records provided, including, but not limited to, medical, education, special education, probation, child welfare, mental health, regional center, and court records, and any other relevant information that is available. The expert shall consult with the minor’s counsel and any other person who has provided information to the court regarding the minor’s lack of competency. The expert shall gather a developmental history of the minor. If any information is unavailable to the expert, he or she shall note in the report the efforts to obtain that information. The expert shall administer age-appropriate testing specific to the issue of competency unless the facts of the particular case render testing unnecessary or inappropriate. In a written report, the expert shall opine whether the minor has the sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding and whether he or she has a rational and factual understanding of the proceedings against him or her. The expert shall also state the basis for these conclusions. If the expert concludes that the minor lacks competency, the expert shall make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency, and, if possible, the expert shall address the likelihood of the minor attaining competency within a reasonable period of time.
(4) The Judicial
Council
Council, in conjunction with groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for people with developmental and mental disabilities, state psychologists and psychiatrists, professional associations and accredited bodies for psychologists and psychiatrists, and other interested stakeholders,
shall adopt a rule of court identifying the training and experience needed for an expert to be competent in forensic evaluations of
juveniles, and
juveniles. The Judicial Council
shall develop and adopt rules for the implementation of the other requirements in this subdivision.
(5) Statements made to the appointed expert during the minor’s competency evaluation, statements made by the minor to mental health professionals during the remediation proceedings, and any fruits of those statements shall not be used in any other hearing against the minor in either juvenile or adult court.
(6) The district attorney or minor’s counsel may retain or seek the appointment of additional qualified experts who may testify during the competency hearing. The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing. If disclosure is not made in accordance with this paragraph, the expert shall not be allowed to testify, and the expert’s report shall not be considered by the court unless the court finds good cause to consider the expert’s report and testimony. If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time.
(7) If the expert believes the minor is developmentally disabled, the court shall appoint the director of a regional center for developmentally disabled individuals described in Article 1 (commencing with Section 4620) of Chapter 5 of Division 4.5, or his or her designee, to evaluate the minor. The director of the regional center, or his or her designee, shall determine whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), and shall provide the court with a written report informing the court of his or her determination. The court’s appointment of the director of the regional center for determination of eligibility for services shall not delay the court’s proceedings for determination of competency.
(8) An expert’s opinion that a minor is developmentally disabled does not supersede an independent determination by the regional center regarding the minor’s eligibility for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(9) Nothing in this section shall be interpreted to authorize or require either of the following:
(A) Placement of a minor who is incompetent in a developmental center or community facility operated by the State Department of Developmental Services without a determination by a regional center director, or his or her designee, that the minor has a developmental disability and is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(B) Determinations regarding the competency of a minor by the director of the regional center or his or her designee.
(c) The question of the minor’s competency shall be determined at an evidentiary hearing unless there is a stipulation or submission by the parties on the findings of the expert.
The minor has the burden of establishing by a preponderance of the evidence that he or she is incompetent.
It shall be presumed that the minor is mentally competent, unless it is proven by a preponderance of the evidence that the minor is mentally incompetent.
(d) If the court finds the minor to be competent, the court shall reinstate proceedings and proceed commensurate with the court’s jurisdiction.
(e) If the court finds, by a preponderance of evidence, that the minor is incompetent, all proceedings shall remain suspended for a period of time that is no longer than reasonably necessary to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future, or the court no longer retains jurisdiction. During this time, the court may make orders that it deems appropriate for services. Further, the court may rule on motions that do not require the participation of the minor in the preparation of the motions. These motions include, but are not limited to, all of the following:
(1) Motions to dismiss.
(2) Motions regarding a change in the placement of the minor.
(3) Detention hearings.
(4) Demurrers.
(f) Upon a finding of incompetency, the court shall refer the minor to services designed to help the minor attain competency. Service providers and evaluators shall adhere to the standards stated in this section and the California Rules of Court. Services shall be provided in the least restrictive environment consistent with public safety. Priority shall be given to minors in custody. Service providers shall determine the likelihood of the minor attaining competency within a reasonable period of time, and if the opinion is that the minor will not attain competency within a reasonable period of time, the minor shall be returned to court at the earliest possible date. The court shall review remediation services at least every 30 calendar days for minors in custody and every 45 calendar days for minors out of custody.
(g) (1) Upon receipt of the recommendation by the remediation program, the court shall hold an evidentiary hearing on whether the minor is remediated or is able to be remediated unless the parties stipulate to, or agree to the recommendation of, the remediation program. If the recommendation is that the minor has attained competency, and if the minor disputes that recommendation, the burden is on the minor to prove by a preponderance of evidence that he or she remains incompetent. If the recommendation is that the minor is unable to be remediated and if the prosecutor disputes that recommendation, the burden is on the prosecutor to prove by a preponderance of evidence that the minor is remediable. If the prosecution contests the evaluation of continued incompetence, the minor shall be presumed incompetent and the prosecution shall have the burden to prove by a preponderance of evidence that the minor is competent. The provisions of subdivision (c) shall apply at this stage of the proceedings.
(2) If the court finds that the minor has been remediated, the court shall reinstate the proceedings.
(3) If the court finds that the minor has not yet been remediated, but is likely to be
remediated,
remediated within a reasonable period of time,
the court shall order the minor to return to the remediation program.
(4) If the court finds that the minor will not achieve
competency,
competency within a reasonable period of time,
the court shall dismiss the petition. The court may invite persons and agencies with information about the minor, including, but not limited to, the minor and his or her attorney, the probation department, parents, guardians, or relative caregivers, mental health treatment professionals, the public guardian, educational rights holders, education providers, and social services agencies, to the dismissal hearing to discuss any services that may be available to the minor after jurisdiction is terminated. If appropriate, the court shall refer the minor for evaluation pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of Division 5 or Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6.
(5) In no case shall remediation extend beyond two years, or a period of time equal to the maximum term of detention for the most serious charge on the petition, whichever is shorter, on a petition that contains a felony offense. In no case shall remediation extend beyond one year, or a period of time equal to the maximum term of detention provided by law for the most serious offense, whichever is shorter, on a petition that contains only misdemeanor offenses.
(h) The presiding judge of the juvenile court, the probation department, the county mental health department, the public defender and other entity that provides representation for minors, the district attorney, the regional center, if appropriate, and any other participants that the presiding judge shall designate, shall develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law authorizes, during the pendency of any juvenile proceeding, the minor’s counsel or the court to express a doubt as to the minor’s competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor’s competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor’s competency. This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor’s counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. The bill would require the question of the minor’s competency to be determined at an evidentiary hearing, except as specified, and places the burden on the minor to establish a presumption of competency, unless it is proven by a preponderance of the evidence that he or she is incompetent. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve competency, competency within a reasonable period of time, the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court’s jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. By Notwithstanding these provisions, the bill would prohibit remediation services from exceeding certain time periods, as specified. By imposing additional duties on local officials, the this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 709 of the Welfare and Institutions Code, relating to juveniles.


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

SECTION 1.
Article 1 (commencing with Section 104250) is added to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, to read:
Article  1. Diabetes.
104250.
The Legislature finds and declares all of the following:
(a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes.
(b) California has the greatest number of annual new cases of diabetes in the United States.
(c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade.
(d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions.
(e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent.
(f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010.
(g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively.
(h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state’s Medicaid population is nearly double that of its general population.
(i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention.
(j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan.
(k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness.
(l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled “Burden of Diabetes in California.”
104251.
(a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources:
(1) The University of California.
(2) The federal Centers for Disease Control and Prevention.
(3) The California Wellness Plan.
(4) Other statewide diabetes stakeholder groups.
(5) Other entities identified by the department as having relevant findings and recommendations.
(b) The department shall include in the report any recommendations from those institutions on all of the following items:
(1) Evidence-based strategies to prevent or manage diabetes.
(2) An analysis of the financial impact diabetes and its complications have on the state.
(3) Policy recommendations for the prevention and management of diabetes.
(c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications.
(d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site:
(1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes.
(2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes.
(e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024.
(2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

Summary: Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health, including disseminating information regarding diseases. This bill would require the State Department of Public Health to submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations, as specified, on diabetes prevention and management from certain sources, including the University of California and the federal Centers for Disease Control and Prevention. The bill would require the department to, commencing July 1, 2017, annually post on its Internet Web site a summary of the amount and source of any funding directed to, and expenditures by, the department for programs and activities aimed at preventing or managing diabetes.

An act to add Article 1 (commencing with Section 104250) to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, relating to diabetes.


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

SECTION 1.
Section 7159.5 of the Business and Professions Code is amended to read:
7159.5.
This section applies to all home improvement contracts, as defined in Section 7151.2, between an owner or tenant and a contractor, whether a general contractor or a specialty contractor, that is licensed or subject to be licensed pursuant to this chapter with regard to the transaction.
(a) Failure by the licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, to comply with the following provisions is cause for discipline:
(1) The contract shall be in writing and shall include the agreed contract amount in dollars and cents. The contract amount shall include the entire cost of the contract, including profit, labor, and materials, but excluding finance charges.
(2) If there is a separate finance charge between the contractor and the person contracting for home improvement, the finance charge shall be set out separately from the contract amount.
(3) If a downpayment will be charged, the downpayment may not exceed one thousand dollars ($1,000) or 10 percent of the contract amount, whichever is less.
(4) If, in addition to a downpayment, the contract provides for payments to be made prior to completion of the work, the contract shall include a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied.
(5) Except for a downpayment, the contractor may neither request nor accept payment that exceeds the value of the work performed or material delivered.
(6) Upon any payment by the person contracting for home improvement, and prior to any further payment being made, the contractor shall, if requested, obtain and furnish to the person a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for any portion of the work for which payment has been made. The person contracting for home improvement may withhold all further payments until these releases are furnished.
(7) If the contract provides for a payment of a salesperson’s commission out of the contract price, that payment shall be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with paragraph (4).
(8)
A
Except as provided by Section 717
1, a
contractor furnishing a performance and payment bond, lien and completion bond, or a bond equivalent or joint control approved by the registrar covering full performance and payment is exempt from paragraphs (3), (4), and (5), and need not include, as part of the contract, the statement regarding the downpayment specified in subparagraph (C) of paragraph (8) of subdivision (d) of Section 7159, the details and statement regarding progress payments specified in paragraph (9) of subdivision (d) of Section 7159, or the Mechanics Lien Warning specified in paragraph (4) of subdivision (e) of Section 7159. A contractor furnishing these bonds, bond equivalents, or a joint control approved by the registrar may accept payment prior to completion. If the contract provides for a contractor to furnish joint control, the contractor shall not have any financial or other interest in the joint control.
(b) A violation of paragraph (1), (3), or (5) of subdivision (a) by a licensee or a person subject to be licensed under this chapter, or by his or her agent or salesperson, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(1) An indictment or information against a person who is not licensed but who is required to be licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (4) of subdivision (d) of Section 802 of the Penal Code, within four years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor.
(2) An indictment or information against a person who is licensed under this chapter shall be brought, or a criminal complaint filed, for a violation of this section, in accordance with paragraph (2) of subdivision (d) of Section 802 of the Penal Code, within two years from the date of the contract or, if the contract is not reduced to writing, from the date the buyer makes the first payment to the contractor.
(3) The limitations on actions in this subdivision shall not apply to any administrative action filed against a licensed contractor.
(c) Any person who violates this section as part of a plan or scheme to defraud an owner or tenant of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs to the structure for damage caused by a natural disaster, shall be ordered by the court to make full restitution to the victim based on the person’s ability to pay, as defined in subdivision (e) of Section 1203.1b of the Penal Code. In addition to full restitution, and imprisonment authorized by this section, the court may impose a fine of not less than five hundred dollars ($500) nor more than twenty-five thousand dollars ($25,000), based upon the defendant’s ability to pay. This subdivision applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States.
SEC. 2.
Section 7169 is added to the Business and Professions Code, to read:
7169.
On or before July 1, 2017, the board shall develop, and make available on its Internet Web site, a “solar energy system disclosure document” which a solar energy systems company must provide to a consumer prior to completion of a sale, financing, or lease of a solar energy system. The “solar energy system disclosure document” shall include the following information:
(a) The amounts and sources of financing obtained.
(b) The total cost and payments for the system, including financing costs.
(c) The calculations used by the home improvement salesperson to determine how many panels the homeowner needs to install.
(d) The calculations used by the home improvement salesperson to determine how much energy the panels will generate.
(e) Any additional monthly fees the homeowner’s electric company may bill, any turn-on charges, and any fees added for the use of an Internet monitoring system of the panels or inverters.
(f) The terms and conditions of any guaranteed rebate.
(g) The final contract price, without the inclusion of possible rebates.
(h) The solar energy system company’s contractor license number.
(i) The impacts of solar energy system installations not performed to code.
(j) Types of solar energy system malfunctions.
(k) Information about the difference between a solar energy system lease and a solar energy system purchase.
(l) Information on how and to whom consumers may provide complaints.
SEC. 3.
Section 7170 is added to the Business and Professions Code, to read:
7170.
The board shall establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar energy systems installation.
SEC. 4.
Section 7171 is added to the Business and Professions Code, to read:
7171.
Notwithstanding paragraph (8) of subdivision (a) of Section 7159.5, a contractor installing a solar energy system shall be subject to the down payment restrictions in paragraph (3) of subdivision (a) of Section 7159.5.
SECTION 1.
(a)The Legislature finds and declares that the Governor set a goal of one million solar rooftop systems installed by 2018. As of November 2015, this state leads the nation in the installation of residential and business distributed solar projects with approximately 438,250 solar projects.
(b)It is the intent of the Legislature to enact this act to ensure that prospective solar customers are provided accurate, clear, and concise information to make an informed decision about solar energy system installation, and to ensure that new solar energy systems continue to reliably provide clean power to millions of Californians for many years.
SEC. 2.
Chapter 2.4 (commencing with Section 18892) is added to Division 8 of the
Business and Professions Code
, to read:
2.4.
Solar Companies
18892.
(a)As used in this section, the following terms have the following meanings:
(1)“Customer” shall include any person, firm, corporation, or other entity that is solicited by, inquires about, or seeks the services of a solar company for the purchase, financing, or lease of a solar energy system.
(2)“Department” means the Department of Consumer Affairs.
(3)“Solar company” means any company and its broker, brokers, or agents that sell, finance, or lease solar energy systems.
(4)“Solar energy system” has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.
(b)(1)Prior to completion of a sale, financing, or lease of a solar energy system to a customer, a solar company shall provide each customer with a “solar energy system disclosure document,” which shall include all of the following information:
(A)A list of current residential or business electric rates by kilowatthour, as established by the applicable Public Utilities Commission tariff or other regulatory rate document.
(B)If a payback calculation for the solar energy system is provided, the calculation must be based on the customer’s current electric rate, which shall be disclosed to the customer.
(C)A notification that electric rates are subject to change in the future and that estimates of savings are based on today’s electric rates. If a payback calculation is included, the notification shall be located immediately next to the payback calculation.
(D)A link to a page on the customer’s electricity provider’s Internet Web site that provides information about the electrical provider’s filings regarding future rates.
(E)A description of the solar company’s contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3, license number, and name of the license qualifier for each of the solar company’s licenses for solar system installation.
(F)Valid, current certificates of insurance for the solar company’s commercial general liability and workers’ compensation insurance policies.
(G)A description of the average level of electricity per month that would be produced by the solar panels planned for installation given the actual physical limitations and conditions specific to the customer.
(H)A notification that, when renewable energy attributes are retained by the solar company, the customer is not buying solar power, nor buying renewable energy.
(I)A notification that the balance of any financing or lease arrangement is payable to the solar company in the event of the death of the customer during the term of the agreement.
(J)An estimate of the cost of removing and reinstalling solar panels in the event that the roof material beneath solar panels is replaced.
(K)An explanation of the potential change in electricity production of a solar energy system if the panels become dirty or covered with debris, and instructions on how to maintain the solar energy system.
(L)An explanation that if a solar system installation is financed by a loan that requires a superpriority lien on the homeowner’s mortgage, the homeowner may be unable to refinance his or her mortgage because of this financing.
(M)A notification that customer bill credits are compensated by other customers of the electricity provider.
(2)A solar company that sells, finances, or leases a solar energy system to a customer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, whether orally or in writing, shall be required to provide the disclosure document in paragraph (1) in that same language.
(c)Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall adopt a regulation that includes a “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. The solar company shall provide this disclosure document developed by the department at the same time that the disclosure document in subdivision (b) is provided to the customer. The disclosure document developed by the department shall include, but shall not be limited to, information about all of the following:
(1)Solar energy system malfunctions.
(2)Installations not performed to code.
(3)Roof intrusions and related structural concerns.
(4)Bankruptcy, insolvency, default, takeover, or closure of a solar company with existing customers, especially with respect to solar companies who lease systems.
(5)Loss of warranty on solar energy systems caused by bankruptcy, insolvency, default, takeover, or closure of a solar company or a solar manufacturer.
(d)It is the intent of the Legislature to enact legislation that would (1) require the department to certify a solar company and (2) establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, the funds for which shall be raised yearly from all solar companies actively doing business in this state at the time of assessment.
(e)When marketing its services to customers, solar companies shall not use the trade dress of other energy providers such that it creates a likelihood of confusion that an affiliation or connection exists between a solar company and the electrical corporation, unless the solar company has express authorization from the electrical corporation to do so.
(f)A violation of this section by a solar company is punishable by a fine of not less than ___ ($___) and not more than ___ ($___), which shall be in addition to any other punishment imposed for a violation of this section. All fines collected by the department pursuant to this subdivision shall be deposited in the Professions and Vocations Fund described in Section 205, and these fines shall be subject to appropriation by the Legislature.
(g)(1)In addition to the authority granted to the department in subdivision (f), a customer damaged by a willful violation of the provisions of this chapter may bring a civil cause of action against a solar company for damages, including, but not limited to, general damages, special damages, and punitive damages.
(2)The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.
(3)The rights and remedies provided in this chapter are in addition to any other rights and remedies provided by law.

Summary: Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law requires licensed contractors to be classified and authorizes them to be classified as, among other things, a solar contractor. Under existing law, a solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. Existing law prohibits a solar contractor from performing building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. This bill would, among other things, require a solar company selling, financing, or leasing a solar energy system, as defined, to provide each customer with would require, on or before July 1, 2017, the board to develop and make available on its Internet Web site a specified “solar energy system disclosure document.” The bill would also require the Department of Consumer Affairs to adopt a regulation that includes a specified “Department of Consumer Affairs solar energy system disclosure document” informing customers of the risks and rewards of solar energy system ownership and warranty issues, and protecting those customers from unscrupulous or unfair business practices. The bill would require these disclosures this disclosure document to be provided by the solar energy systems company to the customer consumer prior to the completion of a sale, finance, financing, or lease of a solar energy system. The bill would make a violation of these provisions by a solar company punishable by an unspecified fine. The bill would also authorize a customer damaged by a willful violation of these provisions to bring a civil cause of action against a solar company for specified damages. This bill would also declare the intent of the Legislature to enact legislation that would require the Department of Consumer Affairs to certify a solar company and establish an insurance pool for customers to access in order to obtain compensation for solar energy system claims, as provided. Existing law requires a home improvement contract to contain, as specified, a notice stating that the owner or tenant has the right to require the contractor to have a performance and payment bond. The bill would require the board to establish through regulation requirements for a contractor to maintain a blanket performance and payment bond for the purpose of solar installation. Existing law prohibits the downpayment for a home improvement contract from exceeding $1,000 or 10 of the contract amount, whichever is less. Existing law exempts from this restriction a contractor who, among other things, furnishes a blanket performance and payment bond. The bill would subject a contractor for the installation of a solar energy system to the restriction despite having those performance and payment arrangements.

An act to
amend Section 7159.5 of, and to
add
Chapter 2.4 (commencing with Section 18892) to Division 8 of
Sections 7169, 7170, and 7171 to,
the Business and Professions Code, relating to business.


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

SECTION 1.
Section 399.13 of the Public Utilities Code is amended to read:
399.13.
(a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, a general procurement plan process. The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (5).
(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner.
(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following:
(A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits.
(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies.
(C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article.
(4) The commission shall adopt, by rulemaking, all of the following:
(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following:
(i) Estimates of indirect costs associated with needed transmission investments.
(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio.
(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract.
(iv) Workforce recruitment, training, and retention efforts, including jobs retained associated with contracting for existing eligible renewable energy resources, the employment growth associated with the construction and operation of eligible renewable energy resources, and goals for recruitment and training of women, minorities, and disabled veterans.
(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource.
(II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I).
(vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability.
(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following:
(i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement.
(ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement.
(iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period.
(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity.
(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission.
(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following:
(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity.
(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15.
(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any.
(D) A status update on the development schedule of all eligible renewable energy resources currently under contract.
(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution.
(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract.
(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration.
(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases.
(8) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid.
(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources.
(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article.
(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation.
(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance.
(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity.
(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources.
(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates.
(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
SEC. 2.
By July 1, 2017, the commission shall update the criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources adopted pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 399.13 to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.

Summary: Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The California Renewables Portfolio Standard Program requires the commission to establish a renewables portfolio standard requiring all retail sellers, defined as including an electrical corporation, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-use customers during specified compliance periods. The program requires the commission to direct each electrical corporation to annually prepare a renewable energy procurement plan to satisfy its procurement requirements pursuant to the program. As part of the renewable energy procurement plan process, the commission is required to adopt rules establishing a process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the program’s procurement obligations and requires that the criteria take specified matters into account, including workforce recruitment, training, and retention efforts, as specified. This bill would require that the criteria take into account jobs retained associated with contracting for existing eligible renewable energy resources. The bill would require the commission to update the criteria by July 1, 2017, to identify the value of maintaining existing baseload resources to achieve the goal of a balanced portfolio of eligible renewable energy resources.

An act to amend Section 399.13 of the Public Utilities Code, relating to electricity.


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

SECTION 1.
Section 33133.7 is added to the Education Code, to read:
33133.7.
(a) Notwithstanding any other law, two million dollars ($2,000,000) shall be appropriated, without regard to fiscal years, from the General Fund to the Superintendent to be allocated to local educational agencies that apply for the purpose of implementing a pilot program to train teachers who teach kindergarten or any of grades 1 to 12, inclusive, to more effectively use technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives.
(b) (1) The Superintendent shall develop an application process for the allocation of funds appropriated pursuant to subdivision (a) that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals.
(2) Any local educational agency in the state may apply for funding from the Superintendent to implement the pilot program described in subdivision (a), and subject to the requirements of subdivision (c).
(c) The pilot program shall include both of the following:
(1) A focus on teachers who work with underserved populations.
(2) (A) An emphasis on enhancing the ability of participants to measure 21st century skills of teachers and pupils using the international standards defined by the International Society for Technology in Education.
(B) The skills to be measured and enhanced for teachers pursuant to this paragraph shall include, but not necessarily be limited to, all of the following:
(i) Facilitation and inspiration of pupil learning and creativity.
(ii) Design and development of digital age learning experiences and assessments.
(iii) Modeling of digital age work and learning.
(iv) Promotion and modeling of digital citizenship and responsibility.
(v) Engagement in professional growth and leadership.
(C) The skills to be measured and enhanced for pupils pursuant to this paragraph shall include, but not necessarily be limited to, all of the following:
(i) Creativity and innovation.
(ii) Communication and collaboration.
(iii) Research and information fluency.
(iv) Critical thinking and problem solving.
(v) Digital citizenship.
(vi) Technology operations and concepts.
(d) The pilot program shall include training and professional development for teachers to assist them to effectively personalize digital literacy instruction for their pupils.
(e) The pupils participating in the pilot program shall receive digital literacy instruction that will enhance the skills these pupils need to succeed in elementary or secondary school, postsecondary education, and careers.
SECTION 1.
Section 44274.2 of the
Education Code
is amended to read:
44274.2.
(a)Notwithstanding any provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a five-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets all of the following requirements:
(1)Possesses a baccalaureate degree from a regionally accredited institution of higher education.
(2)Has completed a teacher preparation program at a regionally accredited institution of higher education, or a state-approved teacher preparation program offered by a local educational agency.
(3)Meets the subject matter knowledge requirements for the credential. If the subject area listed on the out-of-state credential does not correspond to a California subject area, as specified in Sections 44257 and 44282, the commission may require the applicant to meet California subject matter requirements before issuing a clear credential.
(4)Has earned a valid corresponding elementary, secondary, or special education teaching credential based on the out-of-state teacher preparation program. For the education specialist credential, the commission shall determine the area of concentration based on the special education program completed out of state.
(5)Has successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes.
(b)The holder of a credential issued pursuant to this section shall meet the state basic skills proficiency requirement set forth in Section 44252 within one year of the date the credential is issued or the credential shall become invalid.
(c)The commission shall issue a clear multiple subject, single subject, or education specialist teaching credential to an applicant who satisfies the requirements of subdivision (a), provides verification of two or more years of teaching experience, including, but not limited to, two satisfactory performance evaluations, and documents, in a manner prescribed by the commission, that he or she fulfills each of the following requirements:
(1)The applicant has done one of the following:
(A)Completed 150 clock hours of activities that contribute to his or her competence, performance, and effectiveness in the education profession, and that assist the applicant in meeting or exceeding standards for professional preparation established by the commission.
(B)Earned a master’s degree or higher in a field related to the credential, or the equivalent semester units, from a regionally accredited institution of higher education.
(2)The applicant has met the state requirements for teaching English learners including, but not limited to, the requirements in Section 44253.3.
(d)For applicants who do not meet the experience requirement described in subdivision (c), the commission shall issue a clear multiple subject, single subject, or education specialist teaching credential upon verification of the following requirements:
(1)The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). However, an out-of-state prepared applicant in both special education and general education, who has earned a clear California education specialist credential, shall be granted a clear multiple subject or clear single subject teaching credential without first holding a preliminary multiple subject or single subject teaching credential, unless the commission determines that the applicant does not meet the other requirements of this subdivision.
(2)The applicant has completed a beginning teacher induction program pursuant to paragraph (2) of subdivision (c) of Section 44259.
(3)The applicant has met the requirements for teaching English learners, including, but not limited to, the requirements in Section 44253.3.
(4)Before issuing an education specialist credential under this subdivision, the commission shall verify completion of a program for the Professional Level II credential accredited by the commission.

Summary: Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. This bill would appropriate, without regard to fiscal years, $2,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to specified local educational agencies for the purpose of implementing a pilot program to train teachers teaching kindergarten or any of grades 1 to 12, inclusive, to more effectively utilize technology and digital resources within their instructional day, while also measuring and teaching the critical 21st century skills pupils need to succeed on California’s next-generation online assessments, as well as to prepare pupils for college and career objectives, thereby making an appropriation. The bill would require the Superintendent to develop an application process for the allocation of funds appropriated for the implementation of the pilot program that gives priority to applicant local educational agencies that serve a large percentage of pupils eligible for free or reduced-price meals. The bill would authorize any local educational agency in the state to apply to the Superintendent for funding to implement the pilot program, as specified. The bill would specify topics to be included in the training provided to teachers and pupils participating in the pilot program. Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. Existing law requires the Commission on Teacher Credentialing to issue a 5-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a 5-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a 5-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets specified requirements, including that the teacher possess a baccalaureate degree from a regionally accredited institution of higher education. This bill would make nonsubstantive changes to those provisions and other related provisions.

An act to
amend Section 44274.2 of
add Section 33133.7 to
the Education Code, relating to
teachers.
teachers, and making an appropriation therefor.


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

SECTION 1.
Section 51.14 is added to the Civil Code, to read:
51.14.
(a) This act shall be known, and may be cited, as the Stop Consumer Racial Profiling Act of 2016.
(b) No business establishment shall use consumer racial profiling.
(c) For purposes of this section, “consumer racial profiling” shall mean the profiling or targeting of a person that results in differential treatment based on his or her race or ethnicity and that constitutes a denial or degradation in the product or service offered to customers. “Consumer racial profiling” includes, but is not limited to, refusal to serve, removal from the business establishment premises, segregated seating, requiring additional forms of identification, and surveillance practices based on race or ethnicity.
SEC. 2.
Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read:
12930.
The department shall have the following functions, powers, and duties:
(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books, records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation.
(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 2.5.
Section 12930 of the Government Code, as amended by Chapter 63 of the Statutes of 2016, is amended to read:
12930.
The department shall have the following functions, powers, and duties:
(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.
(b) To meet and function at any place within the state.
(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.
(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.
(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940).
(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.14, 54, 54.1, or 54.2 of the Civil Code. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.
(4) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.
(A) Nothing in this part prevents the director or his or her authorized representative, in his or her discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.
(B) Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.
(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:
(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.
(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.
(3) To issue written interrogatories.
(4) To request the production for inspection and copying of books, records, documents, and physical materials.
(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.
(h) To bring civil actions pursuant to Section 12965 or 12981 and to prosecute those civil actions before state and federal trial courts.
(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, genetic information, or sexual orientation.
(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.
(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.
(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.
(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:
(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.
(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.
(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.
(n) On any Section 1094.5 Code of Civil Procedure challenge to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or his or her designee shall consult with the Attorney General regarding the defense of that writ petition.
SEC. 3.
Section 2.5 of this bill incorporates amendments to Section 12930 of the Government Code proposed by both this bill and SB 1442. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 12930 of the Government Code, and (3) this bill is enacted after SB 1442, in which case Section 2 of this bill shall not become operative.

Summary: Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging a violation of the act. This bill would enact the Stop Consumer Racial Profiling Act of 2016, which would prohibit a business establishment from using consumer racial profiling, as defined. The bill would also make the Department of Fair Employment and Housing responsible for the enforcement of the act. This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by SB 1442, to be operative only if SB 1442 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

An act to add Section 51.14 to the Civil Code, and to amend Section 12930 of the Government Code, relating to civil rights.