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

SECTION 1.
Section 21107.8 of the Vehicle Code is amended to read:
21107.8.
(a) (1)  Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b).
(2) (A) If a city or county enacts an ordinance or resolution authorized by paragraph (1), a city or county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility.
(B) (i) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice.
(ii) If a city or county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760.
(b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted thereunder does not apply to any offstreet parking facility described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee.
(2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee.
(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved.
(d)  Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under paragraph (1) of subdivision (b).
(e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section.
(f) A city or county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following:
(1) Procedures of dispute resolution in accordance with those procedures set forth in Section 40215, which shall include all of the following:
(A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal.
(B) An administrative hearing process that includes all of the following:
(i) Options for a hearing in person or by mail.
(ii) Administrative review.
(iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review.
(iv) Personal delivery or delivery by first-class mail of an examiner’s decision.
(v) Authority for the examiner to allow payment of the parking charge in installments for persons showing evidence of inability to pay the parking charge in full.
(2) A prohibition against incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges.
(3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine.
(4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against use of terminology in ordinances or resolutions, and in parking fee invoices, which are restricted to governmental law enforcement, and a requirement for a conspicuous statement on parking fee invoices to the effect that “This parking charge notice is not issued by the [local government].”

Summary: Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified. This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. The bill would, if a city or county has exercised that authority and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, require the owner or operator of the facility to post language, as specified, stating that violators may be subject to a parking invoice fee, and include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice and prohibit the owner or operator from filing with, or transmitting to, the Department of Motor Vehicles a parking fee invoice, as specified. The bill would also require a city or county that authorizes private parking regulation to include, in its ordinance or resolution, specified provisions, including those related to dispute resolution.

An act to amend Section 21107.8 of the Vehicle Code, relating to vehicles.


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

SECTION 1.
Chapter 7 (commencing with Section 44200) is added to Part 6 of Division 14 of the Water Code, to read:
CHAPTER  7. Semitropic Water Storage District
44200.
Unless the context otherwise requires, the following definitions govern the construction of this chapter:
(a) “Basin” means the Kern County Groundwater Basin, as defined in Bulletin 118.
(b) “District” means the Semitropic Water Storage District and its improvement districts.
(c) “Groundwater extraction facility” has the same meaning as defined in Section 10721.
(d) “Management area” means the portion of the basin within the boundaries of the district where the district has jurisdiction to implement specific management practices.
(e) “Project” means the “Tulare Lake Storage and Floodwater Protection Project” as described in the concept paper received by the California Water Commission on March 31, 2016, and any other groundwater storage or recharge project authorized by the district and for which the district completes environmental review on or before January 1, 2020.
44202.
This chapter applies only to the district.
44204.
(a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in furtherance of that goal, may do the following:
(1) Require registration of groundwater extraction facilities within the management area.
(2) Require that the use of every groundwater extraction facility within the management area be measured by a water-measuring device satisfactory to the district.
(3) Require that all costs associated with the purchase and installation of the water-measuring device pursuant to paragraph (2) be borne by the owner or operator of each groundwater extraction facility. Water-measuring devices shall be installed by the district or, at the district’s option, by the owner or operator of the groundwater extraction facility. Water-measuring devices shall be calibrated on a reasonable schedule as may be determined by the district.
(4) Require that the owner or operator of a groundwater extraction facility within the management area file an annual statement with the district setting forth the total extraction in acre-feet of groundwater from the facility during the previous year.
(b) In addition to the measurement of groundwater extractions pursuant to subdivision (a), the district may use any other reasonable method to determine groundwater extraction.
(c) The district may exempt from this section a person who, for domestic purposes, extracts two acre-feet or less of groundwater per year.
44206.
(a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in whole or in part, the district may impose fees on the extraction of groundwater from the basin to fund the costs of the following:
(1) Design, administration, operation, and maintenance of a project, including a prudent reserve.
(2) Acquisition of lands or other properties, facilities, and services to implement a project.
(3) Other costs directly related to design, implementation, maintenance, and operation of a project.
(b) (1) If the owner or operator of a groundwater extraction facility fails to timely comply with the requirements for reporting groundwater extractions pursuant to Section 44204, the district may make a determination of the quantity of groundwater extracted following an investigation. The determined amount shall not exceed the maximum production capacity of the groundwater extraction facility. The district shall mail notice to the owner or operator of the district’s determination of the quantity of groundwater extracted.
(2) The groundwater charges based on the determination pursuant to paragraph (1), together with any interest and penalties, shall be payable immediately unless, within 20 days after the district’s mailing of notice to the owner or operator of the district’s determination, the owner or operator files with the district a written protest setting forth the grounds for protesting the amount of groundwater extraction or groundwater charges, interest, or penalties.
(3) If a protest is filed pursuant to paragraph (2), the district shall hold a hearing to determine the total amount of groundwater extracted and the groundwater charges, interest, and penalties. Notice of the hearing shall be mailed to each protestant at least 20 days before the date fixed for the hearing.
(c) Fees imposed pursuant to this section shall be adopted in accordance with subdivisions (a) and (b) of Section 6 of Article XIII D of the California Constitution.
(d) Fees imposed pursuant to this section may include fixed fees and fees charged on a volumetric basis, including, but not limited to, fees that increase based on the quantity of groundwater produced annually, the year in which the production of groundwater commenced from a groundwater extraction facility, and impacts to the basin.
(e) Fees imposed pursuant to this chapter shall be collected in the same manner as otherwise provided in Article 4 (commencing with Section 47180) of Chapter 7 of Part 9.
44208.
(a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014.
(b) A project shall comply with all applicable state laws, including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code, Division 2 (commencing with Section 1000), and Part 2.74 (commencing with Section 10720) of Division 6.
SEC. 2.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Semitropic Water Storage District.
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 for the Semitropic Water Storage District to pursue early implementation of storage and groundwater projects that are needed in order to help recover the Kern County Groundwater Basin, which is listed by the Department of Water Resources as a critically overdrafted basin, it is necessary that this act take effect immediately.

Summary: The California Water Storage District Law authorizes the formation of water storage districts, as prescribed, with specified powers. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would authorize the Semitropic Water Storage District to collect groundwater extraction information and to require the reporting of groundwater information, as specified. This bill would authorize the district to impose fees on the extraction of groundwater from the basin, as prescribed. This bill would make legislative findings and declarations as to the necessity of a special statute for the Semitropic Water Storage District. This bill would declare that it is to take effect immediately as an urgency statute.

An act to add Chapter 7 (commencing with Section 44200) to Part 6 of Division 14 of the Water Code, relating to groundwater, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 5202 of the Water Code is amended to read:
5202.
(a) This section applies to a person who does either of the following:
(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2.
(2) Extracts groundwater on or after July 1,
2017,
2018,
in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724.
(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year.
(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following:
(1) An extraction by a de minimis extractor.
(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2.
(3) An extraction reported pursuant to Part 5 (commencing with Section 4999).
(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source.
(d) Except as provided in Section 5209, the report shall be filed with the board.
(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted.
(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5.
SEC. 2.
Section 10720.7 of the Water Code is amended to read:
10720.7.
(a) (1) By January 31, 2020, all basins designated as high- or medium-priority basins by the department that have been designated in Bulletin 118, as may be updated or revised on or before January 1, 2017, as basins that are subject to critical conditions of overdraft shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part.
(2) By January 31,
2022,
2023,
all basins designated as high- or medium-priority basins by the department that are not subject to paragraph (1) shall be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans pursuant to this part.
(b) The Legislature encourages and authorizes basins designated as low- and very low priority basins by the department to be managed under groundwater sustainability plans pursuant to this part. Chapter 11 (commencing with Section 10735) does not apply to a basin designated as a low- or very low priority basin.
SEC. 3.
Section 10724 of the Water Code is amended to read:
10724.
(a) In the event that there is an area within a basin that is not within the management area of a groundwater sustainability agency, the county within which that unmanaged area lies will be presumed to be the groundwater sustainability agency for that area.
(b) A county described in subdivision (a) shall provide notification to the department pursuant to Section 10723.8 unless the county notifies the department that it will not be the groundwater sustainability agency for the area. Extractions of groundwater made on or after July 1,
2017,
2018,
in that area shall be subject to reporting in accordance with Part 5.2 (commencing with Section 5200) of Division 2 if the county does either of the following:
(1) Notifies the department that it will not be the groundwater sustainability agency for an area.
(2) Fails to provide notification to the department pursuant to Section 10723.8 for an area on or before June 30,
2017.
2018.
SEC. 4.
Section 10735.2 of the Water Code is amended to read:
10735.2.
(a) The board, after notice and a public hearing, may designate a basin as a probationary basin, if the board finds one or more of the following applies to the basin:
(1) After June 30,
2017,
2018,
none of the following have occurred:
(A)  A local agency has elected to be a groundwater sustainability agency that intends to develop a groundwater sustainability plan for the entire basin.
(B)  A collection of local agencies has formed a groundwater sustainability agency or prepared agreements to develop one or more groundwater sustainability plans that will collectively serve as a groundwater sustainability plan for the entire basin.
(C)  A local agency has submitted an alternative that has been approved or is pending approval pursuant to Section 10733.6. If the department disapproves an alternative pursuant to Section 10733.6, the board shall not act under this paragraph until at least 180 days after the department disapproved the alternative.
(2)  The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7, and after January 31, 2020, none of the following have occurred:
(A)  A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin.
(B)  A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section 10733.6.
(3) The basin is subject to paragraph (1) of subdivision (a) of Section 10720.7 and after January 31, 2020, the department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability program is not being implemented in a manner that will likely achieve the sustainability goal.
(4) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and after January 31,
2022,
2023,
none of the following have occurred:
(A) A groundwater sustainability agency has adopted a groundwater sustainability plan for the entire basin.
(B) A collection of local agencies has adopted groundwater sustainability plans that collectively serve as a groundwater sustainability plan for the entire basin.
(C) The department has approved an alternative pursuant to Section 10733.6.
(5) The basin is subject to paragraph (2) of subdivision (a) of Section 10720.7, and either of the following have occurred:
(A) After January 31,
2022,
2023,
both of the following have occurred:
(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition of long-term overdraft.
(B) After January 31,
2025,
2026,
both of the following have occurred:
(i) The department, in consultation with the board, determines that a groundwater sustainability plan is inadequate or that the groundwater sustainability plan is not being implemented in a manner that will likely achieve the sustainability goal.
(ii) The board determines that the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface waters.
(b) In making the findings associated with paragraph (3) or (5) of subdivision (a), the department and board may rely on periodic assessments the department has prepared pursuant to Chapter 10 (commencing with Section 10733). The board may request that the department conduct additional assessments utilizing the regulations developed pursuant to Chapter 10 (commencing with Section 10733) and make determinations pursuant to this section. The board shall post on its Internet Web site and provide at least 30 days for the public to comment on any determinations provided by the department pursuant to this subdivision.
(c) (1)   The determination may exclude a class or category of extractions from the requirement for reporting pursuant to Part 5.2 (commencing with Section 5200) of Division 2 if those extractions are subject to a local plan or program that adequately manages groundwater within the portion of the basin to which that plan or program applies, or if those extractions are likely to have a minimal impact on basin withdrawals.
(2) The determination may require reporting of a class or category of extractions that would otherwise be exempt from reporting pursuant to paragraph (1) of subdivision (c) of Section 5202 if those extractions are likely to have a substantial impact on basin withdrawals or requiring reporting of those extractions is reasonably necessary to obtain information for purposes of this chapter.
(3) The determination may establish requirements for information required to be included in reports of groundwater extraction, for installation of measuring devices, or for use of a methodology, measuring device, or both, pursuant to Part 5.2 (commencing with Section 5200) of Division 2.
(4) The determination may modify the water year or reporting date for a report of groundwater extraction pursuant to Section 5202.
(d) If the board finds that litigation challenging the formation of a groundwater sustainability agency prevented its formation before July 1,
2017,
2018,
pursuant to paragraph (1) of subdivision (a) or prevented a groundwater sustainability program from being implemented in a manner likely to achieve the sustainability goal pursuant to paragraph (3), (4), or (5) of subdivision (a), the board shall not designate a basin as a probationary basin for a period of time equal to the delay caused by the litigation.
(e) The board shall exclude from probationary status any portion of a basin for which a groundwater sustainability agency demonstrates compliance with the sustainability goal.

Summary: Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would require a high- or medium-priority basin that is not subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plan by January 31, 2023. The act authorizes the state board to designate a high- or medium- priority basin that is not subject to critical conditions of overdraft as a probationary basin after January 31, 2025, if the determination is made that the plan is either inadequate or not being implemented in a manner that will likely achieve the sustainability goal and the basin is in a condition where groundwater extractions result in significant depletions of interconnected surface water. This bill would change that date to January 31, 2026. The act authorizes the state board to designate a basin as a probationary basin if after June 30, 2017, there is not a groundwater sustainability agency or coordinated groundwater sustainability agencies for an entire high- or medium- priority basin, and no local agency has submitted an alternative. This bill would change that date to June 30, 2018.

An act to amend Sections 5202, 10720.7, 10724, and 10735.2 of the Water Code, relating to groundwater.


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

SECTION 1.
Section 99200 of the Education Code, as amended by Section 2 of Chapter 632 of the Statutes of 2011, is amended to read:
99200.
(a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following:
(1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201.
(2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards.
(3) Provide teachers with instructional strategies for working with English learners.
(4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors.
(5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners.
(6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research.
(7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge.
(8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content.
(9) Conduct a feasibility study to determine the appropriate grade level and subject area and potential cost for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices.
(b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following:
(1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter.
(2) Developing rules and regulations for the statewide subject matter projects.
(3) On or before January 1, 2016, providing a report on the subject matter projects to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a four-year period:
(A) The number, and level of experience, of participants in each subject matter project.
(B) The total amount of funds expended, on an annual basis, for each subject matter project.
(C) An explanation of the type of professional development activities offered pursuant to each subject matter project, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content.
(D) A list of the name and location of each school affiliated with a subject matter project.
(c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects.
(d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows:
(1) One representative selected by the Regents of the University of California.
(2) One representative selected by the Board of Trustees of the California State University.
(3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction.
(4) One representative selected by the Governor.
(5) One representative selected by the Superintendent of Public Instruction.
(6) One representative selected by the Commission on Teacher Credentialing.
(7) One representative selected by the Curriculum Development and Supplemental Materials Commission.
(8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges.
(9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities.
(e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2018, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code.

Summary: Existing provisions of the California Constitution provide that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law requests the Regents of the University of California, with the approval of the Concurrence Committee, to establish and maintain cooperative endeavors designed to accomplish specified purposes. This bill would add to these purposes conducting a feasibility study to determine the appropriate grade level and subject area and potential costs for a pilot program to develop standards-aligned content and instructional software for use on portable electronic devices.

An act to amend Section 99200 of the Education Code, relating to postsecondary education.


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

SECTION 1.
Section 999.2 of the Military and Veterans Code is amended to read:
999.2.
(a) Notwithstanding any other
provision of
law, contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts when they are expending state funds for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department.
(b) For purposes of this
section:
section the following definitions apply:
(1) “Broker” or “agent” means any individual or entity, or any combination thereof, that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more certified disabled veterans has 51 percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract.
(2) “Equipment” means any piece of equipment that is used or provided for rental to any state agency, department, officer, or other state governmental entity, including equipment for which operators are provided.
(3) “Equipment broker” means any broker or agent who rents equipment to an awarding department.
(c) A disabled veteran business enterprise that rents equipment to an awarding department shall be deemed to be an equipment broker unless one or more disabled veterans has 51-percent ownership of the quantity and the value of each piece of equipment. If the equipment is owned by one or more disabled veterans, each disabled veteran owner shall, prior to performance under any contract, submit to the awarding department a declaration signed by the disabled veteran owner stating that the owner is a disabled veteran and providing the name, address, telephone number, and tax identification number of the disabled veteran owner. Each disabled veteran owner shall submit his or her federal income tax returns to the administering agency pursuant to subdivision (g) as if he or she were a disabled veteran business enterprise. The disabled veteran business enterprise of a disabled veteran owner who fails to submit his or her tax returns will be deemed to be an equipment broker.
(d) A disabled veteran business enterprise that rents equipment to an awarding department shall, prior to performing the contract, submit to the awarding department a declaration signed by each disabled veteran owner and manager of the enterprise stating that the enterprise obtained the contract by representing that the enterprise was a disabled veteran business enterprise meeting and maintaining all of the requirements of a disabled veteran business enterprise. The declaration shall include the name, address, telephone number, and tax identification number of the owner of each piece of equipment identified in the contract.
(e) State funds expended for equipment rented from equipment brokers pursuant to contracts awarded under this section shall not be credited toward the 3-percent goal.
(f) A disabled veteran business enterprise that is a broker or agent and that obtains a contract pursuant to subdivision (a) shall, prior to performing the contract, disclose to the awarding department that the business is a broker or agent. The disclosure shall be made in a declaration signed and executed by each disabled veteran owner and manager of the enterprise, declaring that the enterprise is a broker or agent, and identifying the name, address, and telephone number of the principal for whom the enterprise is acting as a broker or agent.
(g) (1) A disabled veteran business enterprise, and each owner thereof, shall, at the time of certification, submit to the administering agency complete copies of the enterprise’s federal income tax returns for the three previous tax years.
(2) A disabled veteran business enterprise, and each owner thereof, shall submit to the administering agency complete copies of the enterprise’s federal income tax returns that have a postcertification due date, on or before the due date, including extensions.
(3) A disabled veteran business enterprise that, and each owner thereof who, has not submitted to the administering agency complete copies of the enterprise’s federal income tax returns for the three tax years preceding certification nor for each postcertification tax year for which a return was required to be filed, shall have 90 days to submit those returns.
(4) A disabled veteran business enterprise that fails to comply with any provision of this subdivision shall be prohibited from participating in any state contract until the disabled veteran business enterprise complies with the provisions of this subdivision. Funds expended involving a disabled veteran business enterprise during any period in which that enterprise is not in compliance with the provisions of this subdivision shall not be credited toward the awarding department’s 3-percent goal.
(h) A disabled veteran business enterprise that fails to maintain the certification requirements set forth in this article shall immediately notify the awarding department and the administering agency of that failure by filing a notice of failure that states with particularity each requirement the disabled veteran business enterprise has failed to maintain.

Summary: Existing law requires contracts awarded by any state agency, department, officer, or other state governmental entity, including school districts, as provided, to have statewide participation goals of not less than 3 for disabled veteran business enterprises, as defined. This bill would make technical, nonsubstantive changes to that provision.

An act to amend Section 999.2 of the Military and Veterans Code, relating to veterans.


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

SECTION 1.
Section 12519 of the Health and Safety Code is amended to read:
12519.
“Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal.
SEC. 2.
Section 12520 of the Health and Safety Code is amended to read:
12520.
“Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.
SEC. 3.
Section 12565 of the Health and Safety Code is amended to read:
12565.
All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors.
SEC. 4.
Section 12602 of the Health and Safety Code is amended to read:
12602.
A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices.
SEC. 5.
Section 12632 of the Health and Safety Code is amended to read:
12632.
The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal.
SEC. 6.
Section 12634 of the Health and Safety Code is amended to read:
12634.
When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks.
SEC. 7.
Section 12640 of the Health and Safety Code is amended to read:
12640.
In any case where this chapter requires that a permit be obtained from the State Fire Marshal, or in any case where the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following:
(a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale.
(b) Manufacturing, importing, exporting, storing, selling at wholesale and retail safe and sane fireworks and transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees.
(c) Manufacturing, importing, exporting, possessing, storing, transporting, using, selling at wholesale and retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks.
(d) Manufacturing, importing, exporting, possessing, storing, selling at wholesale and retail, model rocket motors.
(e) Discharging dangerous fireworks at any place, including a public display.
(f) Using special effects.
SEC. 8.
Section 12688 of the Health and Safety Code is amended to read:
12688.
It is unlawful for a person to advertise to sell or transfer any class of fireworks, including agricultural and wildlife fireworks or model rocket motors, unless he or she possesses a valid license or permit.
SEC. 9.
Section 12722 of the Health and Safety Code is amended to read:
12722.
The following fireworks may be seized pursuant to Section 12721:
(a) Those fireworks that are sold, offered for sale, possessed, stored, used, or transported within this state prior to having been examined, classified, and registered by the State Fire Marshal, except those specific items designated as samples pending examination, classification, and registration by the State Fire Marshal where the licensee provides documentary evidence that the action by the State Fire Marshal is pending.
(b) All imported fireworks possessed without benefit of the filing of notices as required by this part.
(c) Safe and sane fireworks stored in violation of the conditions required by the permit as provided in this part.
(d) Safe and sane fireworks sold or offered for sale at retail that do not bear the State Fire Marshal label of registration and firing instructions.
(e) Safe and sane fireworks sold or offered for sale at retail that are in unsealed packages or containers that do not bear the State Fire Marshal label of registration and firing instructions.
(f) Safe and sane fireworks sold or offered for sale at retail before 12 noon on the 28th day of June or after 12 noon on the sixth day of July of each year.
(g) Each safe and sane fireworks item sold or offered for sale at retail that does not have its fuse or other igniting device protected by a cap approved by the State Fire Marshal, or groups of fireworks with exposed fuses that are not enclosed in sealed packages that bear the State Fire Marshal label of registration. The State Fire Marshal shall approve the caps as he or she determines provide reasonable protection from unintentional ignition of the fireworks.
(h) Dangerous fireworks, including fireworks kits, used, possessed, stored, manufactured, or transported by a person who does not possess a valid permit authorizing an activity listed in this part.
(i) Fireworks stored or sold in a public garage or public oil station, or on any premises where gasoline or any other class 1 flammable liquids are stored or dispensed.
(j) Fireworks still possessed by a person who has just thrown any ignited fireworks at a person or group of persons.
(k) Model rocket motors or model rockets with motors possessed by a person who does not hold a valid permit.
(l) An emergency signaling device sold, offered for sale, or used that does not bear the State Fire Marshal label of registration as required by this part.
(m) Fireworks or pyrotechnic device offered for sale by a person violating this part.

Summary: Existing law authorizes the State Fire Marshal to issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices. Existing law provides that a license shall not be required for the retail sale, use, or discharge of model rocket engines. Existing law requires the State Fire Marshal to classify all fireworks and pyrotechnic devices and prohibits the importation, sale, or offering for sale prior to the classification. Existing law requires all fireworks or toy propellant devices containing pyrotechnic compositions that the State Fire Marshal finds come within the definition of a “model rocket” or “model rocket engine” to be classified as model rocket engines. Existing law prohibits a person from launching a model rocket from a site without first securing authorization from the authority having jurisdiction. Existing law defines a model rocket as a toy or educational device that weighs not more than 500 grams, including the engine and any payload, that is propelled by a model rocket engine. Existing law defines a model rocket engine as a commercially manufactured, nonreusable rocket propulsion device that is constructed of nonmetallic casing and solid propellant, as provided. This bill would add to the definition of “model rocket” a requirement that it conform to the definition of “model rocket” as used in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal, and would increase the maximum weight of a model rocket to not more than 1500 grams. This bill would change all references in statute to model rocket engines to instead refer to model rocket motors. The bill would revise the definition of “model rocket motor” to mean a rocket propulsion device using commercially manufactured solid propellant that does not require mixing by the user and that conforms to the definition of “model rocket motor” as used in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal.

An act to amend Sections 12519, 12520, 12565, 12602, 12632, 12634, 12640, 12688, and 12722 of the Health and Safety Code, relating to explosives.


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

SECTION 1.
This act shall be known, and may be cited, as the Pool Safety Act.
SEC. 2.
The Legislature finds and declares all of the following:
(a) Swimming pools provide children and their families with a wonderful opportunity for recreation, exercise, and fun. Keeping children safe during this activity is supported by parents and guardians, safety advocates, health providers, insurance companies, and the swimming pool industry.
(b) According to both the federal Centers for Disease Control and Prevention’s National Center for Injury Prevention and Control and the State Department of Public Health’s EpiCenter data, drowning is the leading cause of death for California children one to four years of age, inclusive.
(c) Additional children suffer near-drowning incidents and survive, but many of those children suffer irreversible brain injuries, which can lead to lifelong learning deficiencies that impact not only the affected child and his or her family, but also the resources and moneys available to California’s health care system, regional centers, and special education school programs.
(d) Close parental supervision of children with access to swimming pools is essential to providing pool safety for children. Barriers, such as those required pursuant to Section 115922 of the Health and Safety Code, can help to deter young children from gaining unsupervised access to pools. Swimming lessons are encouraged and can help children understand the importance of water safety.
(e) All water sports activities come with risk. Knowing the risks and having drowning prevention strategies in place before and during water sports activities reduce drowning incidents, and the installation of a residential pool barrier is a leading strategy to further California’s goal of dramatically reducing unintentional injury.
SEC. 3.
Section 7195 of the Business and Professions Code is amended to read:
7195.
For purposes of this chapter, the following definitions apply:
(a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.
(2) In connection with a transfer, as defined in subdivision (e), of real property with a swimming pool or spa, a “home inspection” shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with.
(3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:
(A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.
(B) The number of window glass panes and frame types.
(C) The heating and cooling equipment and water heating systems.
(D) The age and fuel type of major appliances.
(E) The exhaust and cooling fans.
(F) The type of thermostat and other systems.
(G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.
(H) The solar control efficiency of existing windows.
(b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.
(c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the “home inspection report” shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.
(d) A “home inspector” is any individual who performs a home inspection.
(e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.
SEC. 4.
Section 115922 of the Health and Safety Code is amended to read:
115922.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the swimming pool or spa shall be equipped with at least two of the following seven drowning prevention safety features:
(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921.
(4) Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
(5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.
(6) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F 2208 “Standards Specification for Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this act and, if no violations are found, shall give final approval.
SEC. 5.
Section 115925 of the Health and Safety Code is amended to read:
115925.
The requirements of this article shall not apply to any of the following:
(a) Public swimming pools.
(b) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials (ASTM F1346).
(c) An apartment complex, or any residential setting other than a single-family home.
SEC. 6.
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, the Swimming Pool Safety Act, provides that it does not apply to any pool within the jurisdiction of any political subdivision that adopts an ordinance for swimming pools, as specified. The act further requires, when a building permit is issued for construction of a new swimming pool or spa, or the remodeling of an existing pool or spa, at a private, single-family home, that the pool or spa be equipped with at least 1 of 7 drowning prevention safety features. The act requires the local building code official to inspect and approve the drowning safety prevention devices before the issuance of a final approval for the completion of permitted construction or remodeling work. This bill would instead require, when a building permit is issued, that the pool or spa be equipped with at least 2 of the 7 drowning prevention safety features. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would remove the exemption for the above-described political subdivisions. Existing law defines terms related to paid home inspections, establishes a standard of care for home inspectors, and prohibits certain inspections in which the inspector or the inspector’s employer, as specified, has a financial interest. This bill would require a home inspection for real property with a swimming pool or spa to include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the specified 7 drowning prevention safety features the pool or spa is equipped with. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 of the Health and Safety Code, relating to public health.


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

SECTION 1.
Section 10072 of the Welfare and Institutions Code is amended to read:
10072.
The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:
(a) To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.
(b) To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states.
(c) All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).
(d) The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.
(e) The system shall permit a recipient the option to choose a personal identification number, also known as a “PIN” number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third party’s access to the recipient’s benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.
(f) The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(g) The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(h) In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.
(i) (1) A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.
(2) A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical
EBT
electronic benefits transfer
card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).
(3) The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.
(j) Electronic benefits transfer system consumers shall be informed
on
as to
how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge.
(k) The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipient’s preferred language if the electronic benefits transfer system vendor contract provides for services in that language.
(l) Procedures shall be developed for error resolution.
(m) No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.
(n) Except for CalFresh transactions, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.
(o) The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.
(p) A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individual’s housing payments.
(q) A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:
(1) The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.
(2) Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.
(3) How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.
(4) Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.
(5) That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.
(6) That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.
(7) That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption.
(r) A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipient’s understanding of the information provided.

Summary: Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system. Existing law requires, among other things, that a recipient not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized 3rd party to directly access the benefits. This bill would make technical, nonsubstantive changes to those provisions.

An act to amend Section 10072 of the Welfare and Institutions Code, relating to public social services.


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

SECTION 1.
Section 12201.02 is added to the Welfare and Institutions Code, to read:
12201.02.
Notwithstanding any other law, for the 2015–16 fiscal year, and annually thereafter, the state maximum SSP grant for individuals shall be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, shall equal 112 percent of the federal poverty level.
SECTION 1.
Section 1432 of the
Health and Safety Code
is amended to read:
1432.
(a) (1)A licensee shall not discriminate or retaliate in any manner against a complainant, patient, employee, member of the medical staff, or any other health care worker of the long-term health care facility, on the basis or for the reason that the person has done either of the following:
(A)Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility or the medical staff of the facility, or to any other governmental entity.
(B)Initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or any other governmental entity.
(2)An entity that owns or operates a long-term health care facility shall not discriminate or retaliate against a person because that person has taken an action described in this subdivision.
(3)A violation of this section is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417).
(b) An attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint.
(c) (1)An attempt to terminate the employment, or other discriminatory treatment, of an employee, complainant, patient, member of the medical staff, or any other health care worker who has presented a grievance or complaint or has initiated, participated, or cooperated in an investigation or proceeding of a governmental entity as specified in subdivision (a), where the facility or licensee had knowledge of the employee, complainant, patient, member of the medical staff, or any other health care worker’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action.
(2)For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or an unfavorable change in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions.
(d) Presumptions provided for in subdivisions (b) and (c) are presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code.
(e) If the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. If the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled.
(f) A person who willfully violates this section is guilty of an infraction punishable by a fine of not more than twenty thousand dollars ($20,000).
(g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both.
(h) A long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation.
(i)(1)An employee who has been discriminated against in employment pursuant to this section is entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(2)A health care worker who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(3)A member of the medical staff who has been discriminated against pursuant to this section is entitled to reinstatement, reimbursement for lost income resulting from a change in the terms or conditions of his or her privileges caused by the acts of the facility or the entity that owns or operates the facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law.
(4)For purposes of this subdivision, “legal costs” means attorney’s fees, litigation costs, and expert witness fees incurred in the litigation.
(j)For purposes of this section, “long-term health care facility” means a facility defined under Section 1418, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff.
(k)For purposes of this section, “complainant” means a person who has filed a complaint, as defined in Section 1420.
(l)This section does not abrogate or limit any other theory of liability or remedy otherwise available at law.
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 provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP), which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under the SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient. The state SSP payment is the amount, when added to the nonexempt income and SSI benefits available to the recipient, which would be required to provide the maximum benefit payment. This bill, for the 2015–16 fiscal year, and annually thereafter, would require the state maximum SSP grant for individuals to be readjusted and increased so that the state SSP payment and federal SSI payment, when combined, equal 112 of the federal poverty level. By increasing the amount of SSP payments, which are expended from a continuously appropriated fund, the bill would make an appropriation. Existing law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Existing law makes the willful violation of these provisions punishable as a crime. This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions. The bill would also specify that a complainant who has been discriminated against may recover attorney’s fees and other legal costs. Because this bill would expand the scope of a crime, it 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 Section 1432 of the Health and Safety Code, relating to health facilities.
An act to add Section 12201.02 to the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor
.


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

SECTION 1.
Section 218 of the Revenue and Taxation Code is amended to read:
218.
(a) The homeowners’ property tax exemption is in the amount of the assessed value of the dwelling specified in this section, as authorized pursuant to subdivision (k) of Section 3 of Article XIII of the Constitution. That exemption is in the following amounts:
(1) Seven thousand dollars ($7,000) of the full value of the dwelling through the 2015–16 fiscal year.
(2) (A) Beginning with the lien date for the 2016–17 fiscal year, twenty-five thousand dollars ($25,000) of the full value of the dwelling.
(B) Beginning with the lien date for the 2017–18 fiscal year and for each fiscal year thereafter, the assessor shall adjust the exemption amount of the prior fiscal year by the percentage change, rounded to the nearest one-thousandth of 1 percent, in the House Price Index for California for the first three quarters of the prior calendar year, as determined by the federal Housing Finance Agency.
(b) (1) The exemption does not extend to property that is rented, vacant, under construction on the lien date, or that is a vacation or secondary home of the owner or owners, nor does it apply to property on which an owner receives the veteran’s exemption.
(2) Notwithstanding paragraph (1), if a person receiving the exemption is not occupying the dwelling on the lien date because the dwelling was damaged in a misfortune or calamity, the person shall be deemed to occupy that same dwelling as his or her principal place of residence on the lien date, provided the person’s absence from the dwelling is temporary and the person intends to return to the dwelling when possible to do so. Except as provided in paragraph (3), when a dwelling has been totally destroyed, and thus no dwelling exists on the lien date, the exemption provided by this section shall not be applicable until the structure has been replaced and is occupied as a dwelling.
(3) A dwelling that was totally destroyed in a disaster for which the Governor proclaimed a state of emergency, that qualified for the exemption provided by this section prior to the commencement date of the disaster and that has not changed ownership since the commencement date of the disaster, shall be deemed occupied by the person receiving the exemption on the lien date provided the person intends to reconstruct a dwelling on the property and occupy the dwelling as his or her principal place of residence when it is possible to do so.
(c) For purposes of this section, all of the following apply:
(1) “Owner” includes a person purchasing the dwelling under a contract of sale or who holds shares or membership in a cooperative housing corporation, which holding is a requisite to the exclusive right of occupancy of a dwelling.
(2) (A) “Dwelling” means a building, structure, or other shelter constituting a place of abode, whether real property or personal property, and any land on which it may be situated. A two-dwelling unit shall be considered as two separate single-family dwellings.
(B) “Dwelling” includes the following:
(i) A single-family dwelling occupied by an owner thereof as his or her principal place of residence on the lien date.
(ii) A multiple-dwelling unit occupied by an owner thereof on the lien date as his or her principal place of residence.
(iii) A condominium occupied by an owner thereof as his or her principal place of residence on the lien date.
(iv) Premises occupied by the owner of shares or a membership interest in a cooperative housing corporation, as defined in subdivision (i) of Section 61, as his or her principal place of residence on the lien date. Each exemption allowed pursuant to this subdivision shall be deducted from the total assessed valuation of the cooperative housing corporation. The exemption shall be taken into account in apportioning property taxes among owners of share or membership interests in the cooperative housing corporations so as to benefit those owners who qualify for the exemption.
(d) The exemption provided for in subdivision (k) of Section 3 of Article XIII of the California Constitution shall first be applied to the building, structure, or other shelter and the excess, if any, shall be applied to any land on which it may be located.
SEC. 2.
Section 17053.5 of the Revenue and Taxation Code is amended to read:
17053.5.
(a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows:
(A) (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less.
(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to four hundred twenty-eight dollars ($428) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j).
(B) (i) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less.
(ii) For taxable years beginning on or after January 1, 2016, the credit shall be equal to two hundred fourteen dollars ($214) for taxpayers described in clause (i). For taxable years beginning on or after January 1, 2017, the Franchise Tax Board shall adjust the amount of the credit as provided by subdivision (j).
(2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows:
(A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e).
(B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e).
(b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a).
(c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following:
(1) Was a resident of this state, as defined in Section 17014.
(2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year.
(d) “Qualified renter” does not include any of the following:
(1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value.
(2) An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes.
(3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year.
(e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year.
(f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board.
(g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe.
(h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year.
(i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998.
(j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). For each taxable year beginning on or after January 1, 2017, the Franchise Tax Board shall also recompute the amount of the credit set forth in subdivision (a). These computations shall be made as follows:
(1) The Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current year, no later than August 1 of the current calendar year.
(2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100.
(3) The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1).
(4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a).
SEC. 3.
Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
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.
SEC. 4.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: Existing property tax law provides, pursuant to the authority of a specified provision of the California Constitution, for a homeowners’ exemption in the amount of $7,000 of the full value of a “dwelling,” as defined, and authorizes the Legislature to increase this exemption. This bill, beginning with the lien date for the 2016–17 fiscal year, would increase the homeowners’ exemption from $7,000 to $25,000 of the full value of a dwelling. This bill would also require, for the 2017–18 fiscal year and for each fiscal year thereafter, the county assessor to adjust the amount of the homeowners’ exemption by the percentage change in the House Price Index for California for the first 3 quarters of the prior calendar year, as specified. The California Constitution requires the Legislature, whenever it increases the homeowners’ property tax exemption, to provide a comparable increase in benefits to qualified renters. The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. This bill would, for taxable years beginning on and after January 1, 2016, increase this credit for a qualified renter to $428 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000 or less, as adjusted for inflation, and to an amount equal to $214 for other individuals if adjusted gross income is $25,000 or less, as adjusted for inflation. The bill would also require, for taxable years beginning on or after January 1, 2017, the Franchise Tax Board to annually adjust for inflation, based upon the California Consumer Price Index, the amount of these credits. The bill would also make technical, nonsubstantive changes to the renters’ credit. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners’ property tax exemption. 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. This bill would take effect immediately as a tax levy.

An act to amend Sections 218 and 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.