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

SECTION 1.
Section 13957.9 of the Government Code is amended to read:
13957.9.
(a)  In addition to the authorization provided in Section 13957 and subject to the limitations set forth in Section 13957.2, the board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, reimbursement of the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for victims of violent crime, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(1) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(A) A victim.
(B) A derivative victim who is the surviving parent, sibling, child, spouse, fiancé, or fiancée of a victim of a crime that directly resulted in the death of the victim.
(C) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(2) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(A) A derivative victim not eligible for reimbursement pursuant to paragraph (1), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(B) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses.
(C) A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(3) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by paragraph (1) or (2) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(4) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(A) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(B) A person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to the limitations and restrictions the board may impose.
(b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this amount may be increased to seventy thousand dollars ($70,000) if federal funds for that increase are available.
(c) For the purposes of this section, the following definitions shall apply:
(1) “Service organization for victims of violent crime” means a nonprofit and charitable organization that meets both of the following criteria:
(A) Its primary mission is to provide services to victims of violent crime.
(B) It provides programs or services to victims of violent crime and their families, and other programs, whether or not a similar program exists in an agency that provides additional services.
(2) “Violence peer counseling services” means counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. Any violence peer counseling services that fall under the scope of practice of the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code), the Educational Psychologist Practice Act (Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code), and the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code), which are not performed in an exempt setting as defined in Sections 4980.01, 4996.14, and 4999.22 of the Business and Professions Code, shall only be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional, such as a licensed psychologist or board certified psychiatrist.
(3) “Violence peer counselor” means a provider of supportive and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime, whether financially compensated or not, and who meets all of the following requirements:
(A) Possesses at least six months of full-time equivalent experience in providing peer support services acquired through employment, volunteer work, or as part of an internship experience.
(B) Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, combined with other strengths and skills, to promote the mental health recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime.
(C) Possesses 40 hours of training on all of the following:
(i) The profound neurological, biological, psychological, and social effects of trauma and violence.
(ii) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence.
(iii) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence.
(iv) Case management practices, including, but not limited to, ethics and victim compensation advocacy.
(D) When providing violence peer counseling services, is supervised by a marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a licensed educational psychologist licensed pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, a clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a licensed professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. For the purposes of this subparagraph, a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor shall be employed by the same service organization as the violence peer counselor.
(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 2.
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 generally provides for the reimbursement of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, when the board determines it will best aid the person seeking compensation, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. This bill would extend the board’s authority to grant reimbursement for those outpatient psychiatric, psychological, or other mental health counseling-related expenses until January 1, 2019. By expanding the authorization for the use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus 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 amend Section 13957.9 of the Government Code, relating to crime victims, and making an appropriation therefor.


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

SECTION 1.
Section 25247 of the Health and Safety Code is amended to read:
25247.
(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b) The department shall not approve the plan until at least one of the following occurs:
(1) The plan has been approved pursuant to Section 13227 of the Water Code.
(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c) Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits.
(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 1.5.
Section 25247 of the Health and Safety Code is amended to read:
25247.
(a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b) The department shall not approve the plan until at least one of the following occurs:
(1) The plan has been approved pursuant to Section 13227 of the Water Code.
(2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c) Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits.
(h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.

Summary: Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified. This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements. This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.

An act to amend Section 25247 of the Health and Safety Code, relating to hazardous waste.


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

SECTION 1.
This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment.
SEC. 2.
The Legislature finds and declares all of the following:
(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety.
(b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system.
(c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety.
(d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.
(e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment.
(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that, after making certain specified adjustments, the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety.
SEC. 3.
Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read:
CHAPTER  6.4. Realignment Reinvestment Fund
30030.
For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted.
30031.
(a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter.
(2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following:
(i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety.
(ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety.
(B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016–17 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016–17, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled “An Update to the Future of California Corrections.” The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility.
(3) For the 2016–17 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5).
(4) Beginning with the 2017–18 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5).
(A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2).
(B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year.
(5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county’s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county.
(b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter.
(c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code.
(A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components:
(i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families.
(ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse.
(iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders.
(iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program.
(v) An accounting of the number of new crimes or violations committed by realigned offenders.
(vi) An evaluation of existing services and any gaps that may exist in those services.
(B) Programs proposed to be funded shall satisfy all of the following requirements:
(i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders.
(ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies.
(C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program:
(i) The rate of arrests per 100,000 population.
(ii) The rate of successful completion of probation and postrelease community supervision.
(iii) The rate of successful completion of restitution and court-ordered community service responsibilities.
(iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants.
(v) Quantification of the annual per capita costs of the program.
(D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted:
(i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C).
(ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code.
(2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan.
(3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed.
(4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration.
(5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year.
(d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a).
(e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund.
(f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision.
30032.
(a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity.
(b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following:
(1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year.
(2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan.
(c) For purposes of this section, both of the following shall apply:
(1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301.
(2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation.
30033.
The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.
Section 8585.05 of the
Government Code
is amended to read:
8585.05.
Unless the context otherwise requires, for the purposes of this article, the following definitions shall apply:
(a)“Agency” or “office” means the Office of Emergency Services.
(b)“California Emergency Management Agency” means the Office of Emergency Services.
(c)“Director” or “secretary” means the Director of Emergency Services.

Summary: Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016–17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017–18 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a 45 vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation and would require the director to report those estimates to the Legislature, as provided. The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. 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. The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing law set forth the duties and authority of the office and the director with respect to specified emergency preparedness, mitigation, and response activities within the state. This bill would make nonsubstantive changes to the act.

An act to amend Section 8585.05 of the Government Code, relating to emergency services.
An act to add Chapter 6.4 (commencing with Section 30030) to Division 3 of Title 3 of the Government Code, relating to criminal justice realignment, and making an appropriation therefor.


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

SECTION 1.
Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
Article  1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016
6033.
This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016.
6033.2.
The Legislature finds and declares all of the following:
(a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety.
(b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.
(c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization.
(d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism.
(e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.”
(f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that after making certain specified adjustments the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society.
6033.4.
(a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.
(b) For purposes of this article, “board” means the Board of State and Community Corrections.
6033.6.
(a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.
(b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a).
(c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code.
6033.8.
(a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following:
(1) Size of the county.
(2) Demonstrated efforts to report data prior to January 1, 2017.
(3) Demonstrated ability to report data prior to January 1, 2017.
(b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis.
6033.10.
(a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170:
(1) Individual identifiers.
(2) County identifiers.
(3) Date of birth.
(4) Gender.
(5) Race or ethnicity.
(6) Age at first arrest.
(7) Conviction offense.
(8) Sanction or sentence received.
(9) Total jail time served.
(10) Release status.
(11) Violations of probation.
(12) Rearrests.
(13) Reconvictions.
(14) Any other return to custody.
(15) Use of flash incarceration.
(16) Assessed risk level.
(17) Participation in pretrial programs.
(18) Participation in specialty court.
(19) Participation in day reporting release programs.
(20) Participation in electronic monitoring programs.
(21) Participation in community service release programs.
(22) Participation in work release programs.
(23) Participation in intensive probation supervision.
(24) Needs assessment.
(25) Any reentry programming provided.
(26) Participation in cognitive behavioral therapy.
(27) Participation in mental health treatment.
(28) Participation in substance abuse treatment.
(29) Participation in gender-specific programming.
(30) Participation in family programming.
(31) Any health care assistance provided.
(32) Any housing assistance provided.
(33) Any income support provided.
(34) Any employment assistance provided.
(35) Any vocational training assistance provided.
(36) Any educational enrollment assistance provided.
(37) Any mentoring programming provided.
(38) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
6033.12.
(a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451:
(1) Violations of postrelease community supervision.
(2) Rearrests.
(3) Reconvictions.
(4) Any other return to custody.
(5) Use of flash incarceration.
(6) Participation in intensive probation supervision.
(7) Any reentry programming provided.
(8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements.
(9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements.
(10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements.
(11) Participation in gender-specific programming.
(12) Participation in family programming.
(13) Any health care assistance provided.
(14) Any housing assistance provided.
(15) Any income support provided.
(16) Any employment assistance provided.
(17) Any vocational training assistance provided.
(18) Any educational enrollment assistance provided.
(19) Any mentoring programming provided.
(20) Any peer support programming provided.
(b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
6033.14.
(a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016−17 fiscal year for the purpose of implementing this article.
(b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect.
SECTION 1.
Section 487 of the
Penal Code
is amended to read:
487.
Grand theft is theft committed in any of the following cases:
(a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c)When the property is taken from the person of another.
(d)When the property taken is any of the following:
(1)An automobile.
(2)A firearm.

Summary: Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2016. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2016, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. The bill would require each county to report specified data to the board, on or before January 1, 2017, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2017, and annually thereafter. By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. The bill would appropriate an unspecified sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. 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. The bill would declare that it is to take effect immediately as an urgency statute. Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. This bill would make technical, nonsubstantive changes to that provision.

An act to amend Section 487 of the Penal Code, relating to theft.
An act to add Article 1.5 (commencing with Section 6033) to Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to corrections, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 7200 of the Business and Professions Code is amended to read:
7200.
(a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs.
(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.
Section 7200.5 of the Business and Professions Code is amended to read:
7200.5.
(a) The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs.
(b) (1) Notwithstanding any other law, whenever an individual has received training or instruction from a school outside of this state that is certified by the International Guide Dog Federation or a successor entity, as determined by the board, personnel from that school may provide, in this state, any followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this state. The personnel from that school shall notify the board on a form prescribed by the board not less than three business days prior to the time the personnel arrive in this state of their intent to provide followup services. If those services are to be provided due to emergency circumstances, as determined by the school, notification may be provided within 24 hours after the personnel arrive in this state. For purposes of making that determination, emergency circumstances include, but are not limited to, injury to a dog that requires determination as to whether it remains safe for the dog to continue working, an accident involving the dog, or certain sudden changes in behavior that imperil the safety of the handler. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the followup services. However, the board may require a school to provide the name of the individual to whom services have been provided if needed for purposes of investigating the personnel from that school who provided these services, so long as the investigation is conducted based upon reasonable grounds for determining that personnel may have provided substandard care.
(2) (A) Except as provided in subparagraph (B), prior to providing followup services pursuant to paragraph (1), personnel shall have fingerprints on file with the board.
(B) Notwithstanding subparagraph (A), if the followup services are provided under emergency circumstances personnel shall have one business day after coming in to the state to meet the requirements of that subparagraph.
(3) Whenever followup services are provided pursuant to paragraph (1), the out-of-state school shall provide written information to the guide dog handler concerning the provisions of this subdivision.
(4) The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may include a citation and fine pursuant to the board’s rules and regulations or any other disciplinary action which could be brought against a licensed instructor.
SEC. 3.
Section 7215.7 is added to the Business and Professions Code, to read:
7215.7.
(a) The board shall prepare a factsheet that shall contain all of the following:
(1) A description of the purposes served by the board.
(2) A description of the board’s role in assisting guide dog users who are victims of alleged guide dog discrimination.
(3) A description of the board’s arbitration procedure under Section 7215.6.
(b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 4.
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 establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised of 7 members appointed by the Governor. Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs. This bill would instead require at least 3 board members to be persons who are blind or visually impaired who use guide dogs. Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant to the provisions governing guide dogs. A violation of those provisions is a crime. This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, as specified. The bill would require the personnel, not less than 3 days prior to arriving in this state, to notify the board of their intent to provide those services. This bill would, if specified conditions are met, authorize followup emergency services. If those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state. The bill would prohibit the board from requiring the school to provide the name of the individual who will be receiving followup services, however, it would permit the board to require a school to provide the name of the individual to whom services have been provided to investigate personnel providing those services, so long as the investigation is based on reasonable grounds for determining that personnel may have provided substandard care. The bill would also authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification would be a crime, the 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 amend Sections 7200 and 7200.5 of, and to add and repeal Section 7215.7 of, the Business and Professions Code, relating to professions and vocations.


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

SECTION 1.
(a) The Legislature finds and declares:
(1) California’s complex freight transportation system is responsible for one-third of the state’s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state.
(2) Significant investments in freight inssions technology at California’s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure.
SEC. 2.
Section 6377.5 is added to the Revenue and Taxation Code, to read:
6377.5.
(a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following:
(1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods.
(2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1).
(b) For purposes of this section:
(1) “Primarily” means 50 percent or more of the time.
(2) “Qualified person” means a person that is a stevedore, marine terminal operator, operator of a
port
port, rail ramp, rail yard, intermodal facility,
or freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport.
(3) “Qualified tangible personal property” includes both of the following:
(A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party.
(B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax.
(4) “Zero-emission or near-zero-emission equipment” means equipment,
off-road
vehicles, and related technologies used
at a
within the boundaries of a
California public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. “Zero-emission and near-zero-emission equipment” may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment.
(c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request.
(d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws.
(2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15.
(e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption.
(f) This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a).
(g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption.
(2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department’s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts.
SEC. 3.
This act provides for a tax levy within the meaning of Article IV of the
California
Constitution and shall go into immediate effect.

Summary: Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. This bill would take effect immediately as a tax levy.

An act to add Section 6377.5 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.