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

SECTION 1.
Section 5388 is added to the Public Utilities Code, to read:
5388.
(a) The commission shall establish a telephone communications service that is available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The commission shall designate a telephone number for members of the public to dial to communicate their concerns or complaints. The commission shall require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018. For a transportation network company or other charter-party carrier of passengers that arrange for transportation utilizing application software, commonly termed an app, the commission shall require that the customer be notified of the existence of, and purpose for, the telephone number as part of the electronic transaction. The commission may maintain additional, alternative means for members of the public to express concerns or register complaints.
(b) The commission shall maintain a record of all concerns and complaints communicated to the commission relative to charter-party carriers of passengers, including transportation network companies. The commission shall establish rules or guidelines as to what concerns and complaints do or do not raise matters of serious concern. As to those concerns and complaints that do not raise a matter of serious concern, the commission staff shall diligently attempt to informally resolve the concern or complaint and shall maintain a record of whether the concern or complaint was resolved. The commission shall investigate each concern or complaint made to the commission that raises a matter of serious concern and initiate and conclude appropriate enforcement action with respect to any violation of this act or a rule adopted by the commission pursuant to this act. The commission shall maintain a record of all concerns and complaints that result in an investigation, a description of the investigation conducted by the commission, and the result of the investigation.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.
Section 1801.3 of the
Public Utilities Code
is amended to read:
1801.3.
It is the intent of the Legislature that:
(a)The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone corporations and to corporations that are subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2.
(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process.
(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs.
(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions.
(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award.
(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding.
SEC. 2.
Section 1802 of the
Public Utilities Code
is amended to read:
1802.
As used in this article:
(a)“Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)“Customer” means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation or representing consumers, customers, or passengers of any corporation subject to regulation by the commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)“Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)“Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness.
(d)“Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(e)“Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(f)“Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(g)“Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(h)“Small commercial customer” means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(i)“Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 3.
Section 1809 is added to the
Public Utilities Code
, to read:
1809.
The commission shall deny any claim for compensation for contributions to a closed proceeding unless otherwise specified in this article.

Summary: Charter-party carriers of passengers, including transportation network companies, are subject to the jurisdiction and control of the Public Utilities Commission under the Passenger Charter-party Carriers’ Act. This bill would require the commission to establish a telephone communications service, with a designated telephone number, that would be available to members of the public to communicate to the commission any concerns, or register complaints, regarding service provided by charter-party carriers of passengers, including transportation network companies. The bill would require each charter-party carrier of passengers to include the telephone number designated by the commission on all contracts for service made after January 1, 2018, and for a transportation network company or other charter-party carrier of passengers that arranges for transportation utilizing application software, commonly termed an app, the bill would require that the customer be notified of the existence of, andf the Passenger Charter-party Carriers’ Act or an order or direction of the commission pursuant to the act is a crime. Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. 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. Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined, including common carriers, toll bridge corporations, electrical corporations, gas corporations, pipeline corporations, telephone corporations, telegraph corporations, water corporations, sewer system corporations, and heat corporations. In addition, the commission has more limited authority over certain other corporations, including charter-party carriers of passengers. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities. This bill would additionally authorize compensation to be awarded by the commission for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to customers and representatives of customers for participation or intervention in formal proceedings of the commission involving a corporation that is subject to regulation by the commission pursuant to the Passenger Charter-Party Carriers’ Act. Existing law requires the commission to deny compensation to any customer who attempts to delay or obstruct the orderly and timely fulfillment of the commission’s responsibilities. This bill would require the commission to deny any claim for compensation for contributions to a closed proceeding unless otherwise specified.

An act to
amend Sections 1801.3 and 1802 of, and to add Section 1809 to,
add Section 5388 to
the Public Utilities Code, relating to
proceedings of
the Public Utilities Commission.


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

SECTION 1.
Article 4.5 (commencing with Section 12097) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:
Article  4.5. California Permit Assistance
12097.
(a) The Permit Assistance Program is hereby created within the Governor’s Office of Business and Economic Development.
(b) The program shall do all of the following:
(1) Provide permitting and regulatory compliance assistance to businesses.
(2) Assist businesses in accessing information and resources related to permitting and regulatory compliance.
(3) Provide mediation and third-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities.
(4) Work with federal, state, regional, and local permitting and regulatory entities to exchange best practices and implement improvements to modernize permitting processes.
(5) Manage and regularly update the office’s Internet Web site pursuant to Section 12097.1.
(c) The program shall work cooperatively with local, regional, federal, and other state public agencies and private sector business and economic development organizations.
(d) Notwithstanding Section 10231.5, the Governor’s Office of Business and Economic Development shall report to the Governor and the Legislature annually on the activities and outcomes of the program.
SEC. 2.
Section 12019.5 of the Government Code is amended and renumbered to read:
12097.1.
(a) The director shall ensure that the office’s Internet Web site contains information on the licensing, permitting, and registration requirements of state agencies, and shall include, but not be limited to, information that does all of the following:
(1) Assists individuals with identifying the type of applications, forms, or other similar documents an applicant may need.
(2) Provides a direct link to a digital copy of all state licensing, permitting, and registration applications, forms, or other similar documents where made available for download.
(3) Instructs individuals on how and where to submit applications, forms, or other similar documents.
(b) The director shall ensure that the office’s Internet Web site contains information on the fee requirements and fee schedules of state agencies, and shall include, but not be limited to, information that does all of the following:
(1) Assists individuals with identifying the types of fees and their due dates.
(2) Provides direct links to the fee requirements and fee schedules for all state agencies, where made available for download.
(3) Instructs individuals on how and where to submit payments.
(c) The office shall ensure that the Internet Web site is user-friendly and provides accurate, updated information.
(d) (1) Each state agency that has licensing, permitting, or registration authority shall provide direct links to information about its licensing, permitting, and registration requirements and fee schedule to the office.
(2) A state agency shall not use the Internet Web site established under this section as the exclusive source of information for the public to access licensing requirements and fees for that agency.
(e) The office may impose a reasonable fee, not to exceed the actual cost to provide the service, as a condition of accessing information on the Internet Web site established under subdivisions (a) and (b).
SEC. 3.
Section 65460.5 of the Government Code is amended to read:
65460.5.
A city or county establishing a district and preparing a plan pursuant to this article shall be eligible for available transportation funding.
SEC. 4.
Section 65923.8 of the Government Code is amended to read:
65923.8.
Any state agency which is the lead agency for a development project shall inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created to assist, and provide information to, developers relating to the permit approval process.
SEC. 5.
Section 66033 of the Government Code is repealed.
SEC. 6.
Section 25199.4 of the Health and Safety Code is repealed.
SEC. 7.
Section 25199.7 of the Health and Safety Code is amended to read:
25199.7.
(a) At least 90 days before filing an application for a land use decision for a specified hazardous waste facility project with a local agency, the proponent shall file a notice of intent to make the application with the Department of Toxic Substances Control and with the applicable city or county. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function, and scope of the project. The Department of Toxic Substances Control shall immediately notify affected state agencies of the notice of intent. The local agency shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the proposed project is located, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment roll. A notice of intent filed with a local agency shall be accompanied by a fee which shall be set by the local agency in an amount equal to the local agency’s cost of processing the notice of intent and carrying out the notification requirements of this subdivision. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier.
(b) A notice of intent is not effective and a proponent may not file an application for a land use decision for a specified hazardous waste facility project with a local agency unless the proponent has first complied with subdivision (a).
(c) Within 90 days after a notice of intent is filed with the Department of Toxic Substances Control pursuant to subdivision (a), the department shall convene a public meeting in the affected city or county to inform the public on the nature, function, and scope of the proposed specified hazardous waste facility project and the procedures that are required for approving applications for the project.
(d) The legislative body of the affected local agency shall appoint a seven member local assessment committee to advise it in considering an application for a land use decision for a specified hazardous waste facility project. The members of the local assessment committee may be appointed at any time after the notice of intent is filed with the local agency but shall be appointed not later than 30 days after the application for the land use decision is accepted as complete by the local agency. The local agency shall charge the project proponent a fee to cover the local agency’s costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision.
(1) The membership of the committee shall be broadly constituted to reflect the makeup of the community, and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of local assessment committees selected pursuant to this subdivision shall have no direct financial interest, as defined in Section 87103 of the Government Code, in the proposed specified hazardous waste facility project.
(2) The local assessment committee shall, as its primary function, advise the appointing legislative body of the affected local agency of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. To carry out this function, the local assessment committee shall do all of the following:
(A) Enter into a dialogue with the proponent for the proposed hazardous waste facility project to reach an understanding with the proponent on both of the following:
(i) The measures that should be taken by the proponent in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the city or county.
(ii) The special benefits and remuneration the facility proponent will provide the city or county as compensation for the local costs associated with the operation of the facility.
(B) Represent generally, in meetings with the project proponent, the interests of the residents of the city or county and the interests of adjacent communities.
(C) Receive and expend any technical assistance grants made available pursuant to subdivision (g).
(D) Adopt rules and procedures which are necessary to perform its duties.
(E) Advise the legislative body of the city or county of the terms, provisions, and conditions for project approval which have been agreed upon by the committee and the proponent, and of any additional information which the committee deems appropriate. The legislative body of the city or county may use this advice for its independent consideration of the project.
(3) The legislative body of the affected jurisdiction shall provide staff resources to assist the local assessment committee in performing its duties.
(4) A local assessment committee established pursuant to this subdivision shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened.
(e) A local agency shall notify the Department of Toxic Substances Control within 10 days after an application for a land use decision for a specified hazardous waste facility project is accepted as complete by the local agency and, within 60 days after receiving this notice, the Department of Toxic Substances Control shall convene a meeting of the lead and responsible agencies for the project, the proponent, the local assessment committee, and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place in the jurisdiction where the application has been filed.
(f) Following the meeting required by subdivision (e), the proponent and the local assessment committee appointed pursuant to subdivision (d) shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.
(g) (1) If the local assessment committee finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the local agency to enable the committee to hire a consultant. The committee may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following:
(A) Assist the committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit.
(B)  Advise the local assessment committee in its meetings and discussions with the facility proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community.
(2) The local agency shall require the proponent of the proposed hazardous waste facility project to pay a fee equal to the amount of any technical assistance grant provided the local assessment committee under paragraph (1). The funds received as a result of the imposition of the fee shall be used to make technical assistance grants exclusively for the purposes described in paragraph (1).
(3) The local agency shall deposit any fee imposed pursuant to paragraph (2) in an account created in the city or county treasury, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project proponent upon completion of the review of the proposed hazardous waste facility project.
(h) This section applies only to a specified hazardous waste facility project.
SEC. 8.
Section 25616 of the Public Resources Code is amended to read:
25616.
(a) It is the intent of the Legislature to encourage local agencies to expeditiously review permit applications to site energy projects, and to encourage energy project developers to consider all cost-effective and environmentally superior alternatives that achieve their project objectives.
(b) Subject to the availability of funds appropriated therefor, the commission shall provide technical assistance and grants-in-aid to assist local agencies to do either or both of the following:
(1) Site energy production or transmission projects which are not otherwise subject to the provisions of Chapter 6 (commencing with Section 25500).
(2) Integrate into their planning processes, and incorporate into their general plans, methods to achieve cost-effective energy efficiency.
(c) The commission shall provide assistance at the request of local agencies.
(d) As used in this section, an energy project is any project designed to produce, convert, or transmit energy as one of its primary functions.

Summary: Previously existing law established the Office of Permit Assistance within the Trade and Commerce Agency to, among other things, provide information to developers relating to the permit approval process. Under existing law, a state agency which is the lead agency for a development project is required to inform the applicant for a permit that the Office of Permit Assistance has been created for this purpose. This bill would instead require a state agency that is a lead agency for a development project to inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created for this purpose. The bill would also delete various obsolete provisions relating to the Office of Permit Assistance. Existing law establishes procedures for a land use decision by a local agency concerning a specified hazardous waste facility project, as defined. Existing law requires the Office of Permit Assistance to take specified actions with regard to land use decisions regarding a proposed hazardous waste facility project. This bill would transfer these duties to the Department of Toxic Substances Control. Existing law requires the Director of the Governor’s Office of Business and Economic Development to ensure that the office’s Internet Web site contains information to assist an individual with the licensing, permitting, and registration requirements necessary to start a business, including fee requirements and fee schedules of state agencies. This bill would establish the Permit Assistance Program within the Governor’s Office of Business and Economic Development. The bill would require the program to, among other things, provide permitting and regulatory compliance assistance to businesses and provide mediation and 3rd-party neutral facilitation to resolve conflicts between applicants and permitting and regulatory entities. The bill would require the program to manage and regularly update the tools provided on the office’s Internet Web site. The bill would require the office to report annually on the activities and outcomes of the program.

An act to amend Sections 65460.5 and 65923.8 of, to amend and renumber Section 12019.5 of, to add Article 4.5 (commencing with Section 12097) to Chapter 1.6 of Part 2 of Division 3 of Title 2 to, and to repeal Section 66033 of, the Government Code, to amend Section 25199.7 of, and to repeal Section 25199.4 of, the Health and Safety Code, and to amend Section 25616 of the Public Resources Code, relating to state government.


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

SECTION 1.
Section 18150 of the Penal Code is amended to read:
18150.
(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order.
(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:
(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.
(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition.
(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.
(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
SEC. 2.
Section 18170 of the Penal Code is amended to read:
18170.
(a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.
(2) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order.
(b) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
SEC. 3.
Section 18190 of the Penal Code is amended to read:
18190.
(a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.
(2) For purposes of this subdivision, “immediate family member” has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
(3) Nothing in this chapter shall be construed to require a person described in paragraph (1) to seek a gun violence restraining order.
(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.
(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.
(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.
(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.
(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.
(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.

Summary: Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer. This bill would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would also specify that these provisions shall not be construed to require any of those persons to seek a gun violence restraining order.

An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) K–12 students are particularly vulnerable to solicitations for educational leadership conferences or forums that may appear to be selective awards or competitive honors, but are in fact sophisticated solicitations from for-profit companies.
(b) While such conferences and forums may have merit as learning experiences for students, it is nevertheless important to ensure that students, parents, and teachers are not misled by these solicitations. The State of California has previously enacted laws regulating educational travel organizations in order to protect students engaged in educational travel.
(c) Because it is of the utmost importance that the State of California take action to protect students from false or misleading advertising, promote high-quality educational travel experiences, encourage public confidence in leadership conferences, and assist organizations soliciting participation in these conferences in complying with safe and reputable practices, it is the intent of the Legislature to establish appropriate marketing restrictions and disclosure requirements on these solicitations.
(d) The Legislature recognizes the contributions that many nonprofit service organizations have made in the area of youth leadership training, such as the Boys and Girls State programs organized by the American Legion and the Rotary Youth Leadership Awards and Interact programs operated by the Rotary Club. These programs have demonstrated a strong commitment to youth education and civic awareness in diverse communities across the nation for decades, often at little or no cost to the participants.
SEC. 2.
Section 17531.3 is added to the Business and Professions Code, to read:
17531.3.
(a) For purposes of this section, the following terms have the following meanings:
(1) “Educational conference” means a conference, forum, camp, or other similar event, intended to develop the leadership, career, or college readiness of a student or provide some other form of educational benefit, when participation in the event is represented as being limited to students receiving an award, invitation, or nomination to participate in the event.
(2) “Educational conference organization” or “organization” means a person, partnership, corporation, or other entity that operates in a for-profit manner and that plans and advertises educational conferences to students residing in the State of California.
(3) “Student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational conference is arranged with an educational conference organization.
(b) An educational conference organization that provides materials related to an educational conference directly to a school or any employee thereof for purposes of distribution to a student shall comply with all of the following:
(1) The organization shall provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student.
(2) The organization shall include with the materials all of the following disclosures, in clear and conspicuous language:
(A) That the materials constitute a solicitation for the sale of a product.
(B) The legal form of the organization making the solicitation, including the for-profit status of the organization.
(C) The legal owner, if any, of the organization making the solicitation.
(D) The specific eligibility criteria required for participation in the solicited educational conference or conferences, if any.
(E) An itemized list of the costs to participate in the educational conference and the total price of participating in the educational conference, including estimated expenses not included in the price of the educational conference.
(F) That attendance at an educational conference may not affect a student’s chances of being admitted to college and that a parent or guardian should contact the student’s school counselor for more information.
(G) Whether or not a nomination from a teacher or school administrator is required to participate in the educational conference, or if an individual may be self-nominated or nominated by a parent or guardian.
(H) The total amount, if any, of funding or other support, including employment or grants for school supplies, the organization has provided to the student’s school or the school’s employees during the last three years before the date of the solicitation.
(I) A phone number, email address, or Internet Web site that a parent or guardian may use to contact a government agency within the relevant jurisdiction for purposes of filing a complaint related to the solicitation or the educational conference itself.
(3) The organization shall provide the disclosures described in paragraph (2) on separate documents addressed to the school and to any employee thereof who is asked to distribute materials to a student.
SEC. 3.
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.

Summary: Existing law prohibits various specified advertising practices, including, among others, the placement by an educational travel organization, as defined, or use of any misleading or untruthful advertising or statements or making of a substantial misrepresentation in conducting an educational travel program. Under existing law, the violation of any of these prohibitions is a misdemeanor. This bill would require an educational conference organization, as defined, that provides materials related to an educational conference, as defined, directly to a school or school employee for purposes of distribution to a student to include specified disclosures with the materials, to provide those disclosures to the school and specified school employees, and to provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. As a violation of these provisions would be a crime, 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 no reimbursement is required by this act for a specified reason.

An act to add Section 17531.3 to the Business and Professions Code, relating to advertising.


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

SECTION 1.
Section 26909 of the Government Code is amended to read:
26909.
(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards.
(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination.
(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose.
(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located.
(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller.
(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors.
(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years.
(c) (1) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(C) The special district shall pay for any costs incurred by the county auditor in performing an agreed-upon procedures engagement. Those costs shall be charged against any unencumbered funds of the district available for that purpose.
(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1).
(d) (1) A special district may, by annual unanimous request of the governing board of the special district and with annual unanimous approval of the board of supervisors, replace the annual audit required by this section with an annual financial compilation of the special district to be performed by the county auditor in accordance with professional standards, if all of the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(C) The special district shall pay for any costs incurred by the county auditor in performing a financial compilation. Those costs shall be a charge against any unencumbered funds of the district available for that purpose.
(2) A special district shall not replace an annual audit required by this section with an annual financial compilation of the special district pursuant to paragraph (1) for more than five consecutive years, after which a special district shall comply with subdivision (a).
(e) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements.
(f) Upon receipt of the financial review, agreed-upon procedures engagement, or financial compilation, the county auditor shall have the right to appoint, pursuant to subdivision (a), a certified public accountant or a public accountant to conduct an audit of the special district, with proper notice to the governing board of the special district and board of supervisors.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 2.
Section 26909 is added to the Government Code, to read:
26909.
(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards.
(2) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards, and a report thereof shall be filed with the Controller and with the county auditor of the county in which the special district is located. The report shall be filed within 12 months of the end of the fiscal year or years under examination.
(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose.
(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located.
(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller.
(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors.
(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years.
(c) (1)   A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1).
(d) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements.
(e) The section shall become operative on January 1, 2027.

Summary: Existing law requires the county auditor to either perform an audit, or contract with a certified public accountant or public accountant to perform an audit, of the accounts and records of every special district within the county, as specified. Existing law authorizes a special district, by unanimous request of its governing board and unanimous approval by the board of supervisors, to replace the annual audit with an audit over a longer period of time or with a financial review, as specified. This bill would additionally authorize a special district, until January 1, 2027, by unanimous request of its governing board and with unanimous approval of the board of supervisors, to replace the annual audit for not more than 5 consecutive years with an annual financial compilation of the special district to be performed by the county auditor, or with an agreed-upon procedures engagement, in accordance with professional standards, if certain conditions are met.

An act to amend, repeal, and add Section 26909 of the Government Code, relating to local government.


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

SECTION 1.
Section 30013 is added to the Public Resources Code, to read:
30013.
The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division.
SEC. 2.
Section 30107.3 is added to the Public Resources Code, to read:
30107.3.
“Environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
SEC. 3.
Section 30301 of the Public Resources Code is amended to read:
30301.
The commission shall consist of the following 15 members:
(a) The Secretary of the Natural Resources Agency.
(b) The Secretary of Transportation.
(c) The Chairperson of the State Lands Commission.
(d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members.
(e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows:
(1) The north coast region consists of the Counties of Del Norte, Humboldt, and Mendocino.
(2) The north central coast region consists of the Counties of Sonoma and Marin and the City and County of San Francisco.
(3) The central coast region consists of the Counties of San Mateo, Santa Cruz, and Monterey.
(4) The south central coast region consists of the Counties of San Luis Obispo, Santa Barbara, and Ventura.
(5) The south coast region consists of the Counties of Los Angeles and Orange.
(6) The San Diego coast region consists of the County of San Diego.
(f) Of the representatives appointed by the Governor pursuant to subdivision (d) or (e), one of the representatives shall reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, including, but not limited to, communities with diverse racial and ethnic populations and communities with low-income populations. The Governor shall appoint a representative qualified pursuant to this subdivision to a vacant position from the appointments available pursuant to either subdivision (d) or (e) no later than the fourth appointment available after January 1, 2017.
SEC. 4.
Section 30604 of the Public Resources Code is amended to read:
30604.
(a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with Chapter 3 (commencing with Section 30200) and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200). A denial of a coastal development permit on grounds it would prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200) shall be accompanied by a specific finding that sets forth the basis for that conclusion.
(b) After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program.
(c) Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200).
(d) No development or any portion thereof that is outside the coastal zone shall be subject to the coastal development permit requirements of this division, nor shall anything in this division authorize the denial of a coastal development permit by the commission on the grounds the proposed development within the coastal zone will have an adverse environmental effect outside the coastal zone.
(e) No coastal development permit may be denied under this division on the grounds that a public agency is planning or contemplating to acquire the property, or property adjacent to the property, on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire the property and there are funds available, or funds that could reasonably be expected to be made available within one year, for the acquisition. If a permit has been denied for that reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for the development on grounds that the property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted.
(f) The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low- and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code, the issuing agency, or the commission on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program.
(g) The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone.
(h) When acting on a coastal development permit, the issuing agency, or the commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.

Summary: Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission. Existing law provides that the commission consists of 15 members. This bill would require one of the members of the commission appointed by the Governor to reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, as defined. The bill would require that the Governor appoint a member who meets these qualifications to a vacant position from the appointments available no later than the fourth appointment available after January 1, 2017. Existing law requires any person, as defined, wishing to perform or undertake any development, as defined, in the coastal zone to obtain a permit, except as provided. Existing law prescribes a process for the certification of local coastal programs in the state and requires, after certification of the local coastal program, a coastal development permit to be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program. This bill would authorize the issuing agency, or the commission on appeal, to consider environmental justice, as defined, or the equitable distribution of environmental benefits in communities throughout the state, when acting on a coastal development permit.

An act to amend Sections 30301 and 30604 of, and to add Sections 30013 and 30107.3 to, the Public Resources Code, relating to coastal resources.


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

SECTION 1.
Chapter 3.8 (commencing with Section 390) is added to Division 1 of the Water Code, to read:
CHAPTER  3.8. Cost-Effective Water Conservation Measures
390.
It is the intent of the Legislature to promote water-resilient communities by having the state identify the relative cost-effectiveness of water efficiency measures and recommend those that have the potential to cost-effectively achieve the greatest reduction in water use, taking into consideration local conditions, and to produce net environmental benefits that outweigh any adverse environmental impacts.
391.
As used in this chapter:
(a) “Adverse environmental impacts” include, but are not limited to, impacts on climate change, net effects on carbon sequestration, increased erosion, and impacts to stormwater runoff.
(b) “Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil.
(c) “Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers.
(d) “Public entity” has the same meaning as defined in Section 375.
(e) “Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school.
392.
By December 1, 2017, the department, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, the board, the State Energy Resources Conservation and Development Commission, and local water districts, shall develop and solicit comments on a proposed report that contains all of the following:
(a) An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following:
(1) Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf.
(2) Turfgrass removal and replacement with native or drought-tolerant plants.
(3) Non-native or high water using plant removal and replacement with native or drought-tolerant plants, drought-resistant turfgrass, or artificial turf.
(4) The use of conservation-based irrigation technology such as smart controllers.
(5) Investments in graywater infrastructure to supply water to outdoor landscapes.
(6) Rebates for highly efficient consumer appliances and landscape systems.
(b) An analysis of adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a).
(c) The projected benefits of recommended voluntary water efficiency measures.
393.
By July 1, 2018, the department shall issue a final report that contains both of the following:
(a) All material developed pursuant to Section 392, updated as appropriate to further the intent of this chapter.
(b) Recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions, such as education, granting incentives or rebates, or other voluntary measures.
SECTION 1.
Chapter 7.8 (commencing with Section 25685) is added to Division 15 of the
Public Resources Code
, to read:
7.8.
Cost-Effective Water Efficiency Measures
25685.
It is the intent of the Legislature that the state identify and recommend the most cost-effective water efficiency measures that achieve the greatest reduction in water use and produce net environmental benefits that outweigh any unintended adverse environmental impacts.
25686.
As used in this chapter:
(a)“Evapotranspiration” means a loss of water from the soil, including losses resulting from evaporation and losses resulting from transpiration from the plants growing on the soil.
(b)“Highly efficient consumer appliances and landscape systems” include, but are not limited to, irrigation systems, toilets, showers, pool covers, and clothes washers.
(c)“Public entity” has the same meaning as defined in Section 375 of the Water Code.
(d)“Turfgrass” means any living grass that is used in fields or yards at a residential or commercial property, private park, athletic field, or public school.
(e)“Unintended adverse environmental impacts” include, but are not limited to, impacts on climate change, net effect on carbon sequestration, increased erosion, and impacts to stormwater runoff.
25687.
By December 1, 2017, the commission, in consultation with persons that include, but are not limited to, subject matter experts at the University of California, the California State University, and local water districts, and in cooperation with the State Water Resources Control Board and the Department of Water Resources, shall develop and solicit comments on a proposed report that contains all of the following:
(a)An analysis of the relative costs and benefits of incentives for various water efficiency measures, including the consideration of the impact of evapotranspiration rates in different hydrological regions of the state. The water efficiency measures considered shall include, but not be limited to, the following:
(1)Turfgrass removal and replacement with either drought-resistant turfgrass or artificial turf.
(2)Turfgrass removal and replacement with native or drought-tolerant plants.
(3)The use of conservation-based irrigation technology such as smart controllers.
(4)Investments in graywater infrastructure to supply water to outdoor landscapes.
(5)Rebates for highly efficient consumer appliances and landscape systems.
(b)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a).
(c)The projected benefits of recommended voluntary water efficiency measures.
25688.
By July 1, 2018, the commission shall issue a final report that contains all of the following:
(a)An identification of the most cost-effective incentives for water efficiency measures in terms of water use reduction per dollar spent.
(b)Recommendations to public entities to help them prioritize the most cost-effective solutions for granting incentives or rebates for water efficiency measures.
(c)An analysis of any unintended adverse environmental impacts that would result from the water efficiency measures considered pursuant to subdivision (a).
(d)The projected benefits of recommended voluntary water efficiency measures.

Summary: The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law requires the State Energy Resources Conservation and Development Commission , on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. This bill would require the Energy Commission Department of Water Resources to develop and solicit comments on a proposed report, in consultation with certain subject matter experts and in cooperation with experts at the University of California, the California State University, the State Water Resources Control Board and the Department of Water Resources, Board, the State Energy Resources Conservation and Development Commission, and local water districts, by December 1, 2017, and, by July 1, 2018, to issue a final report that contains, among other things, the projected benefits of recommended voluntary water efficiency measures and an analysis of any unintended adverse environmental impacts that would result from various water efficiency measures. recommendations to public entities to help them achieve water-resilient communities and prioritize cost-effective water efficiency measures with low adverse environmental impacts based on local conditions.

An act to add Chapter
7.8 (commencing with Section 25685) to Division 15 of the Public Resources
3.8 (commencing with Section 390) to Division 1 of the Water
Code, relating to water.


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

SECTION 1.
Section 53328.1 of the Government Code is amended to read:
53328.1.
(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions:
(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met:
(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses.
(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels.
(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district.
(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district.
(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation.
(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3.
(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district.
(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment.
(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5.
(e) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area.
(f) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt.
SEC. 1.5.
Section 53328.1 of the Government Code is amended to read:
53328.1.
(a) As an alternate and independent procedure for forming a community facilities district, the legislative body may form a community facilities district that initially consists solely of territory proposed for annexation to the community facilities district in the future, with the condition that a parcel or parcels within that territory may be annexed to the community facilities district and subjected to the special tax only with the unanimous approval of the owner or owners of the parcel or parcels at the time that the parcel or parcels are annexed. In that case, the legislative body shall follow the procedures set forth in this article for the formation of a community facilities district, with the following exceptions:
(1) The legislative body shall not be obligated to specify the rate or rates of special tax in the resolution of intention or the resolution of formation, provided that both of the following are met:
(A) The resolution of intention and the resolution of formation include a statement that the rate shall be established in an amount required to finance or refinance the authorized improvements and to pay the district’s administrative expenses.
(B) The maximum rate of special tax applicable to a parcel or parcels shall be specified in the unanimous approval described in this section relating to the parcel or parcels.
(2) The legislative body shall not be obligated to specify in the resolution of intention the conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied. Instead, a prepayment provision may be included in the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district.
(3) In lieu of approval pursuant to an election held in accordance with the procedures set forth in Sections 53326, 53327, 53327.5, and 53328, the appropriations limit for the community facilities district, the applicable rate of the special tax and the method of apportionment and manner of collection of that tax, and the authorization to incur bonded indebtedness for the community facilities district shall be specified and be approved by the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed to the community facilities district. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the appropriations limit for the community facilities district, the authorization to levy the special tax on the parcel or parcels, and the authorization to incur bonded indebtedness for the community facilities district.
(4) Notwithstanding Section 53324, this paragraph establishes the applicable protest provisions in the event a local agency forms a community facilities district pursuant to the procedures set forth in this section. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be annexed to the community facilities district in the future, or if the owners of one-half or more of the area of land proposed to be annexed in the future and not exempt from the special tax, file written protests against establishment of the community facilities district, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings to form the community facilities district shall be undertaken for a period of one year from the date of decision of the legislative body on the issues discussed at the hearing. If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation.
(5) The legislative body shall not record a notice of special tax lien against any parcel or parcels in the community facilities district until the owner or owners of the parcel or parcels have given their unanimous approval of the parcel’s or parcels’ annexation to the community facilities district, at which time the notice of special tax lien shall be recorded against the parcel or parcels as set forth in Section 53328.3.
(b) Notwithstanding the provisions of Section 53340, after adoption of the resolution of formation for a community facilities district described in subdivision (a), the legislative body may, by ordinance, provide for the levy of the special taxes on parcels that will annex to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation. No further ordinance shall be required even though no parcels may then have annexed to the community facilities district.
(c) The local agency may bring an action to determine the validity of any special taxes levied pursuant to this chapter and authorized pursuant to the procedures set forth in this section pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Notwithstanding Section 53359, if an action is brought by an interested person pursuant to Section 863 of the Code of Civil Procedure to determine the validity of any special taxes levied against a parcel pursuant to this chapter and authorized pursuant to the procedures set forth in this section, the action shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, but shall, notwithstanding the time limits specified in Section 860 of the Code of Civil Procedure, be commenced within 15 days after the date on which the notice of special tax lien is recorded against the parcel. Any appeal from a judgment in any action or proceeding described in this subdivision shall be commenced within 30 days after entry of judgment.
(d) A community facilities district formed pursuant to this section may only finance facilities pursuant to subdivision (i) or (l) of Section 53313.5.
(e)  (1) The legislative body shall comply with the requirements specified in Sections 5898.16 and 5898.17 of the Streets and Highways Code prior to the annexation of a parcel or parcels to a community facilities district formed pursuant to this section.
(2) A parcel or parcels shall not be annexed to a community facilities district formed pursuant to this section if the parcel owner or owners are seeking financing for improvement on a residential property with four or fewer units, unless the parcel complies with the conditions specified in paragraphs (1) to (5), inclusive, and paragraph (8), and, in addition, for properties with energy efficiency improvements specified under subdivision (l) of Section 53313.5, paragraph (7), of subdivision (a) of Section 26063 of the Public Resources Code.
(f) In connection with formation of a community facilities district and annexation of a parcel or parcels to the community facilities district pursuant to this section, and the conduct of an election on the proposition to authorize bonded indebtedness pursuant to the alternate procedures set forth in Section 53355.5, the local agency may, without additional hearings or procedures, designate a parcel or parcels as an improvement area within the community facilities district. After the designation of a parcel or parcels as an improvement area, all proceedings for approval of the appropriations limit, the rate and method of apportionment and manner of collection of special tax and the authorization to incur bonded indebtedness for the parcel or parcels shall apply only to the improvement area.
(g) In connection with a community facilities district formed under this section, as an alternate and independent procedure for making the changes described in Section 53330.7, the changes may be made with the unanimous approval of the owner or owners of the parcel or parcels that will be affected by the change and with the written consent of the local agency. No additional hearings or procedures are required, and the unanimous approval shall be deemed to constitute a unanimous vote in favor of the proposed changes. If the proceeds of a special tax are being used to retire any debt incurred pursuant to this chapter and the unanimous approval relates to the reduction of the special tax rate, the unanimous approval shall recite that the reduction or termination of the special tax will not interfere with the timely retirement of that debt.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 53328.1 of the Government Code proposed by both this bill and Assembly Bill 2693. 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 53328.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 2693, in which case Section 1 of this bill shall not become operative.

Summary: The Mello-Roos Community Facilities Act of 1982 specifies the requirements for the establishment of a community facilities district, including, among other things, a petition, a hearing, the establishment of the boundaries of the community facilities district, and an election on the question. Existing law authorizes a community facilities district formed pursuant to an alternative procedure under which the district initially consists solely of territory proposed for annexation to the community facilities district in the future and territory is annexed and subjected to special taxes only upon unanimous approval of the owners, to finance and refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements. This bill would authorize a community facilities district that is formed pursuant to the alternative procedure to additionally finance seismic retrofitting, as specified. This bill would incorporate changes to Section 53328.1 of the Government Code proposed by both this bill and AB 2693, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

An act to amend Section 53328.1 of the Government Code, relating to local government.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The relationship between law enforcement and the communities they are sworn to protect must be grounded in trust in order to ensure safety and protection for all.
(b) Despite the ongoing challenges to fostering strong relationships of trust between law enforcement and communities, the practice of principled policing, specifically procedural justice and implicit bias, is one strategy shown to improve police-community relationships.
(c) It is in the interest of California’s communities and the thousands of men and women who are sworn to serve and protect the public that the State of California support evidence-based strategies to improve the relationship of trust between law enforcement and communities.
(d) Understanding and implementing the practice of principled policing, specifically procedural justice and implicit bias, offers an opportunity for law enforcement and communities to collaboratively build trust and improve safety for all.
SECTION 1.
SEC. 2.
Section 13519.45 is added to the Penal Code, to read:
13519.45.
(a) (1) The commission shall develop and disseminate
guidelines and
training on principled policing, specifically procedural justice and implicit bias, for all peace officers described in subdivision (a) of Section 13510.
(2) “Procedural justice” means
the procedures used by police officers where citizens are treated fairly and with proper respect as human beings.
an approach to policing based on giving people the opportunity to tell their side of the story, remaining neutral in decisionmaking and behavior, treating people with respect, and explaining actions in a way that communicates caring for people’s concerns so as to demonstrate trustworthiness.
(3) “Implicit bias” means thoughts or feelings about
people of which one is unaware and can influence one’s own and others’ actions.
social groups that can influence people’s perceptions, decisions, and actions without awareness.
(4) The course or courses of instruction
and the guidelines
shall stress procedural justice as a strategy for improving the relationship of trust between law enforcement and communities and how implicit bias can be a barrier to procedural justice.
(b) The course of
basic
training for peace officers shall include adequate instruction on procedural justice and implicit bias in order to foster mutual respect and cooperation between law enforcement and communities. The curriculum shall be evidence-based and shall be developed in consultation with appropriate groups and individuals who have expertise in procedural justice or implicit bias, including, but not limited to, law enforcement agencies that have demonstrated experience in procedural justice or implicit bias training, university professors who specialize in addressing and reducing racial and identity bias towards individuals and groups, and community organizations or members who specialize in civil or human rights and criminal justice. The course of instruction shall include, but not be limited to, consideration of each of the following subjects:
(1) Procedural justice as a strategy for improving the relationship of trust between law enforcement agencies and the communities they are sworn to serve.
(2) Implicit bias as a barrier to procedural justice.
(3) Historical and generational effects of policing.
(4) Interactive nature of policing goals, procedural justice, and implicit bias.
(c) The commission shall also
develop and disseminate guidelines and training
certify and make training available
to train peace officers to be able to effectively teach the course of
basic
training on principled policing. The training course shall be structured so that experts on procedural justice and implicit bias train
small groups from
law enforcement agencies to be able to effectively teach the concepts, principles, and research behind procedural justice and implicit bias to colleagues within their departments. Participating law enforcement agencies
shall
are encouraged to
send at least one police executive
or manager
and one training officer to the training course. Law enforcement agencies are encouraged to attend the training course with at least one community member. Upon completion of the training course, peace officers from participating law enforcement agencies shall be
certified
qualified
by the commission to conduct the course
of basic training
on principled policing for colleagues in their respective agencies.
(d) The commission shall offer the course
of basic training
on principled policing and the training
course
on a
semiannual
quarterly
basis in regional training centers across the state commencing in June 2017.
(e) No later than June 1, 2018, the commission shall evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing, as set forth in this section, into its course of basic training and shall require each peace officer described in subdivision (a) of Section 13510 to complete a refresher course no less frequent than every five years.
SEC. 2.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law establishes the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for law enforcement officers, as described. This bill would require the commission to develop and disseminate guidelines and training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training as part of the basic training course for for specified peace officers. The bill would also require the commission to develop and disseminate guidelines and training certify and make training available to train peace officers to teach the course of basic training on principled policing to other officers in their agencies. The bill would require the commission to offer the basic principled policing course and the training course semiannually quarterly commencing in June 2017. The bill would require the commission, no later than June 1, 2018, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years. By requiring additional basic training for peace officers, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Section 13519.45 to the Penal Code, relating to peace officer standards and training.