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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Many local educational agencies, including school districts, county offices of education, and community college
districts
districts,
have experienced rapid increases in energy costs due to energy rate increases approved by the Public Utilities Commission.
(b) Local educational agencies are disproportionately affected by rapid increases in energy costs and differ from other public agencies because they are strictly limited in their ability to raise local tax revenues to cover operational cost increases. Local educational agencies seeking to participate in Public Utilities Commission proceedings must hire attorneys and experts at their own expense, using the state and local dollars that were designated for educational programs.
(c) The cost of intervening in Public Utilities Commission proceedings is often prohibitive for local educational agencies; therefore, the perspectives of local educational agencies are often lost during proceedings to discuss rate changes.
(d) The Public Utilities Commission’s Intervenor Compensation Program is intended to ensure that individuals and groups that represent residential or small commercial electric utility customers have the financial resources to bring their concerns and interests to the commission during formal proceedings.
(e) As a regional agency, a county office of education is the appropriate intervenor in a proceeding affecting any local educational agency in whole or part within the county.
SEC. 2.
Section 1802 of the Public Utilities Code is amended to read:
1802.
As used in this article:
(a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b) (1) “Customer” means any of the following:
(A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B) A representative who has been authorized by a customer.
(C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(D) (i) Notwithstanding paragraph (2), a county office of education or a
community college district.
consortium of public school districts or agencies.
(ii)
(I)
A
county office of education may
consortium of public school districts or agencies shall only
participate or intervene pursuant to this article on behalf of
any of the
a
local
K–
12
educational
agencies in whole or part within the county or on behalf of itself.
agency in a commission proceeding relating to gas or electricity rates.
(II) A representative of a consortium of public school districts or agencies participating or intervening pursuant to this article in a commission proceeding shall not have had a direct financial interest in the resolution of the commission proceeding within the two years preceding the filing of comments with the commission, and shall not have a direct financial interest in the resolution of the proceeding sooner than two years after that resolution.
(2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness.
(d) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(e) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(f) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(g) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(h) “Small commercial customer” means
any
a
nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(i) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer.
Where
If
the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.

Summary: Under existing law, the Public Utilities Commission has broad regulatory authority pursuant to the California Constitution and the Public Utilities Act over public utilities, as defined. Existing law provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers and representatives of customers for participation or intervention in formal proceedings of the commission involving electrical, gas, water, telegraph, and telephone public utilities, but does not provide that compensation for local government agencies. This bill would make legislative findings and declarations relating to local educational agency involvement in commission proceedings. The bill would authorize compensation for participation or intervention in the proceedings described above for a county office of education, on behalf of any of the local educational agencies in whole or part within the county or on behalf of itself, or for a community college district. or a consortium of public school districts or agencies participating or intervening on behalf of local K–12 educational agencies in a commission proceeding relating to gas or electricity rates. The bill would require that a representative of a consortium not have had a direct financial interest in the resolution of the commission proceeding within the 2 years preceding the filing of comments with the commission and not have a direct financial interest in the resolution until 2 years after that resolution.

An act to amend Section 1802 of the Public Utilities Code, relating to public utilities.


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

SECTION 1.
This act shall be known, and may be cited, as the Responsible Beverage Service Training Program Act of 2016.
SEC. 2.
Article 4 (commencing with Section 25680) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read:
Article  4. Responsible Beverage Service (RBS) Training Program Act of 2016
25680.
For purposes of this article:
(a) “Accredited training provider” means either of the following:
(1) A training provider accredited by the American National Standards Institute (ANSI) that meets ASTM International E2659-15 Standard Practice for Certificate Programs.
(2) A training provider accredited by an accreditation agency other than ANSI, provided the accreditation agency is authorized by the department to accredit training providers offering RBS training courses.
(b) “Alcohol server” means a person who sells or serves alcoholic beverages directly to consumers, or a person who manages or supervises a person who sells or serves alcoholic beverages directly to consumers, including the onsite establishment owner of a licensed facility, for consumption on the premises of a licensed facility that includes, but is not limited to, one-day events, fairs, festivals, sporting events, and other special events.
(c) “RBS training course” means a Responsible Beverage Service training course that meets the requirements of subdivision (b) of Section 25682.
(d) “Self-training and assessment” means a process where the individual trains, and takes an assessment, without the presence or intervention of a trainer or instructor and includes, but is not limited to, training and assessment through the use of a computer program or the Internet.
25681.
(a) Notwithstanding any laws to the contrary, beginning July 1, 2020, an alcohol server shall successfully complete an RBS training course from an accredited training provider within three months of employment and every three years thereafter.
(b) The licensee shall ensure that those persons required to successfully complete an RBS training course do so. A current certificate or card provided by any accredited training provider shall be sufficient documentation of successful completion and shall be accepted throughout the state.
(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event and that designated person or those designated persons shall remain on site for the duration of the event.
25682.
(a) On or before January 1, 2020, the department shall establish a list, published on the department’s Internet Web site, of RBS training courses offered by accredited training providers that may be used to fulfill the requirements of Section 25681.
(b) (1) An RBS training course shall consist of at least four hours of instruction and include, but shall not be limited to, the following information:
(A) The social impact of alcohol.
(B) The impact of alcohol on the body.
(C) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence.
(D) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(E) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive.
(2) An RBS training course may be offered through a trainer-led class and assessment or self-training and assessment.
(3) An RBS certificate or card shall be issued only upon successful completion of an RBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course.
(4) An RBS training course shall issue a certificate or card to individuals who successfully complete a course. The certificate or card shall be valid for three years from the original date of issuance, regardless of whether the alcohol server changes employers during that period.
(5) The department may, by regulation, establish additional training standards and curricula to be included in an RBS training course.
(c) At least one RBS training course shall cost a participant no more than fifteen dollars ($15), inclusive of the certificate or card provided upon successful completion of the training course. At least one RBS training course shall be offered in Spanish. If no RBS training courses meet these requirements, Section 25681 shall not apply.
(d) The department may authorize an accreditation agency, in addition to ANSI, to accredit training providers to offer RBS training courses and may collect fees to cover the reasonable costs associated with the review and approval of that accreditation agency.
25683.
(a) Beginning January 1, 2019, the department shall include information on the RBS training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for an authorized license and with the license renewal notices sent to authorized licensees.
(b) Beginning July 1, 2020, all authorized licensees shall maintain, and provide upon request by the department, all records necessary to establish compliance with this section.
25684.
(a) Beginning July 1, 2020, an authorized licensee, the agent or employee of that licensee, or an alcohol server who knowingly and intentionally violates any provision of this article shall be subject only to the civil and administrative penalties authorized by this division.
(b) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602.

Summary: The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Under existing law, any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. Currently, the Licensee Education on Alcohol and Drugs (LEAD) program is a voluntary prevention and education program for retail licensees, their employees, and applicants, regarding alcohol responsibility and the law. This bill would, in addition to the LEAD program, establish the Responsible Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully complete an RBS training course offered by an accredited training provider within 3 months of employment and every 3 years thereafter. The bill would require a nonprofit organization that obtained a temporary daily on-sale or off-sale license to designate a person or persons to receive RBS training before the event and would require that person or those persons to remain on site for the duration of the event. The bill would provide that an RBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body. The bill would require the Department of Alcoholic Beverage Control, on or before January 1, 2020, to establish a list published on the department’s Internet Web site of RBS training courses and would authorize the department to collect fees to cover the reasonable costs of review and approval of accreditation agencies. The bill, beginning January 1, 2019, would require the department to provide information on RBS training requirements on applications for, and renewals of, authorized licenses. The bill, beginning July 1, 2020, would require all authorized licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions. The bill, beginning July 1, 2020, would provide that an authorized licensee, the licensee’s agent or employee, or an alcohol server who knowingly and intentionally violates any of these provisions is subject only to civil and administrative penalties, as specified.

An act to add Article 4 (commencing with Section 25680) to Chapter 16 of Division 9 of the Business and Professions Code, relating to alcoholic beverages.


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

SECTION 1.
Section 44390 of the Education Code is repealed.
SEC. 2.
Section 44390 is added to the Education Code, to read:
44390.
The Legislature finds and declares all of the following:
(a) All children deserve a highly qualified teacher.
(b) California faces a severe teacher shortage.
(c) The demand for new teachers is growing due to the inability to attract new teachers into the profession, the high attrition rate of new teachers, and the retirement of existing teachers.
(d) California has a 50-percent higher pupil-to-teacher ratio than any other state in the country at 24 to 1.
(e) It is estimated that California will need 60,000 additional teachers to
maintain the current pupil-to-teacher ratio.
bring pupil-to-teacher ratios back to prerecession levels.
(f)
If
California
will
were to reduce pupil-to-teacher ratios to the national average of 16 to 1, school districts would
need
to hire
135,000 additional
teachers in order to return to the prerecession pupil-to-teacher ratio of 16 to 1.
teachers.
(g) Teacher shortages vary by subject and region.
(h) Enrollment in teacher credentialing programs dropped 76 percent between 2002 and 2014.
(i) In 2014 and 2015, 40 percent of credentials were awarded to underprepared teachers.
(j) The diversity in the teacher workforce in California does not match the diversity of the pupil population.
(k) Roughly 65 percent of teachers are white, 20 percent are Hispanic, and 15 percent are a different race or ethnicity.
(l) Classified school employees currently working in public schools represent a potential pool of future teachers.
(m) Classified school employees as a group make up the most diverse segment of the professional school community.
(n) Providing incentives for classified school employees to obtain a bachelor’s degree and become fully credentialed teachers is a proven strategy to increase the number of highly qualified teachers in California’s schools.
SEC. 3.
Section 44391 of the Education Code is amended to read:
44391.
This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program.
SEC. 4.
Section 44392 of the Education Code is amended to read:
44392.
For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings:
(a) “Applicant” means a school district or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program.
(b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program.
(c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program.
(d) “Program” means the California Classified School Employee Teacher Credentialing Program.
(e) “Classified school employee” means a noncertificated school employee currently working in a public school pursuant to this chapter.
(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a
campus of an institution of higher education
teacher preparation program approved by the commission
that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive.
SEC. 5.
Section 44393 of the Education Code is amended to read:
44393.
(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.
(b) Subject to an appropriation for these purposes in the annual Budget Act, the commission shall issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education.
(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.
(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in
kindergarten
transitional kindergarten, kindergarten,
and grades 1 to 12, inclusive. Each classified school employee selected to participate shall have
successfully
completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject or single subject teaching credential.
(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district or county office of education.
(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.
(d) (1) An applicant shall require participants to satisfy
all
both
of the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has
successfully
completed at least two years of study at a postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following:
(A) Graduate from an institution of higher education under the program with a bachelor’s degree.
(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the school district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program.
(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be conducted once every five years, with the first evaluation being completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.
(f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.
(g) It is the intent of the Legislature
that
that,
each fiscal year, funding for the California Classified School Employee Teacher Credentialing Program be allocated to the commission for grants for up to 1,000 new participants per year. A grant to an applicant shall not exceed four thousand dollars ($4,000) per participant per year. Funding for grants to applicants shall be contingent upon an appropriation in the annual Budget Act.

Summary: The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. The act requires, among other things, that the Commission on Teacher Credentialing, in consultation with certain other educational entities, to select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The act requires a school district or county office of education to require a person participating in the program to commit to fulfilling certain specified obligations relating to obtaining a teaching credential and employment as a teacher in the school district or county office of education. The act requires a school district or county office of education to require a program participant to obtain a certificate of clearance from the commission and provide verification of a specified level of academic achievement prior to participating in the program. The act expresses the intent of the Legislature that that, in each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the commission for grants to school districts and county offices of education, limits grants to $3,500 per program participant per year, and makes funding for the grants contingent upon an appropriation in the annual Budget Act. This bill would substantially revise those provisions to instead establish the California Classified School Employee Teacher Credentialing Program for the purposes purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Subject to an appropriation for these purposes in the annual Budget Act, the bill would require the commission to issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The bill would require the criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program to include, among other things, the extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in kindergarten transitional kindergarten, kindergarten, and grades 1 to 12, inclusive. The bill would require an applicant that is selected to participate to provide information about the program to all eligible classified school employees in the school district or county office of education and to provide assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. The bill would also require an applicant to require participants to satisfy specified requirements before participating in the program, including passing a background check, and to certify that it has received a commitment from each participant that he or she will accomplish certain things, including completing all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. The bill would require the commission to contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program and would require the evaluation to be conducted once every 5 years, with the first evaluation being completed on or before July 1, 2021. The bill would also require the commission, on or before January 1 of each year, to report to the Legislature regarding the status of the program, as specified. The bill would state the Legislature’s intent that that, each fiscal year, funding for the program be allocated to the commission for grants for up to 1,000 new participants per year and would prohibit a grant to an applicant from exceeding $4,000 per participant per year. The bill would make funding for grants to applicants contingent upon an appropriation in the annual Budget Act.

An act to amend Sections 44391, 44392, and 44393 of, and to repeal and add Section 44390 of, the Education Code, relating to teacher credentialing.


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

SECTION 1.
Section 52060 of the
Education Code
is amended to read:
52060.
(a)On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.
(b)A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c)A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the following:
(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052.
(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district.
(3)(A)An assessment of the water access points at each school in the district, including the number, location, and whether the access points are in good condition. The school district shall also include goals and actions to address any deficiencies uncovered by the assessment. The governing board of the school district shall report progress on addressing the deficiencies in its annual update required pursuant to subdivision (b).
(B)The department shall compile these assessments and transmit them to the State Water Resources Control Board.
(d)All of the following are state priorities:
(1)The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002.
(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency.
(3)Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(4)Pupil achievement, as measured by all of the following, as applicable:
(A)Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B)The Academic Performance Index, as described in Section 52052.
(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D)The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board.
(E)The English learner reclassification rate.
(F)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(G)The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5)Pupil engagement, as measured by all of the following, as applicable:
(A)School attendance rates.
(B)Chronic absenteeism rates.
(C)Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1.
(D)High school dropout rates.
(E)High school graduation rates.
(6)School climate, as measured by all of the following, as applicable:
(A)Pupil suspension rates.
(B)Pupil expulsion rates.
(C)Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(7)The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8)Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(e)For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews.
(f)To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card.
(g)The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h)A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.
SEC. 2.
SECTION 1.
Section 116385 of the Health and Safety Code is amended to read:
116385.
(a) A person operating a public water system shall obtain and provide at that person’s expense an analysis of the water to the state board, in the form, covering those matters, and at intervals as the state board by regulation may prescribe. The analysis shall be performed by a laboratory duly certified by the state board.
(b) (1) The person shall include samples from schools, day care facilities, and health care facilities, to the extent that these locations are within the public water system.
(2) This subdivision does not require an increase in the number of samples a person collects.
(c) (1) The person shall report to the state board the date and results of any sampling at a school, day care facility, and health care facility, and where relevant, the contents of any notice issued to the school or day care facility, students, or parents, and any notices to the health care facility, and any followup action taken to mitigate contamination.
(2) The person operating a public water system shall report to the state board, in a format and on a frequency determined by the state board, a list of the public and private schools serving kindergarten or any of grades 1 to 12, inclusive, to which the public water system provides water. The state board may also require a person operating a public water system to identify other facilities that serve populations, such as young children, that may be sensitive to drinking water contamination and to which the public water system provides water.
(3) The state board shall post the information contained in paragraph (1)
and information it receives from the State Department of Education pursuant to subparagraph (B) of paragraph (3) of subdivision (c) of Section 52060 of the Education Code
to its Internet Web site in a manner that is searchable by school and school district. The state board shall also include a link to the public water system’s most recent consumer confidence report.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other 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. 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, the California Safe Drinking Water Act, governs drinking water quality and requires the State Water Resources Control Board to ensure that all public water systems are operated in compliance with the act. The act requires a person operating a public water system to obtain and provide an analysis of the water to the state board, as provided. Under the act, a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be subject to a misdemeanor. This bill would require the person to include in the analysis samples from schools, day care facilities, and health care facilities, to the extent those locations are within the public water system. The bill would require the person to report to the state board other information regarding the samples taken at those sites. The bill would require the state board to post this information on its Internet Web site, as provided. The bill would also require the person to report to the state board the public and private schools to which the public water system provides water. Because a misstatement in these reports could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. Existing law requires the governing board of each school district to adopt a local control and accountability plan as provided and to annually update this plan. Existing law requires the plan to include certain elements. This bill would require the plan to also include an assessment of the water access points at each school in the school district, including the number, location, and whether the access points are in good condition, among other things. The bill would require the governing board of the school district to report progress on addressing any deficiencies in its annual update to the local control accountability plan. By imposing new duties on the governing board of a school district, the bill would create a state-mandated local program. The bill would require the State Department of Education to share this information with the state board, for the board to post on its Internet Web site. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 52060 of the Education Code, and
to amend Section 116385 of the Health and Safety Code, relating to water.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Beauty care workers, including cosmetologists and manicurists, are highly exposed to the potential harm of carcinogens and reproductive toxins in cosmetics. Cosmetologists and manicurists are predominantly women and minorities.
(b) Nail services are increasing in popularity among consumers. The money consumers spent in nail salons increased from $7.3 billion in 2012 to $8.54 billion in 2014.
(c) Chemicals in professional cosmetics can be harmful to salon customers, who increasingly include prepubescent girls and young women.
(d) Endocrine-disrupting chemicals can cause harm at very low levels. Some may enter the body through the skin or cuticle.
(e) Dibutyl phthalate (DBP), included in nail polish to reduce brittleness and cracking, is a reproductive and developmental toxicant that is especially harmful to pregnant women.
(f) Developmental toxicants interfere with proper growth or health of a child, acting at any point from conception to puberty.
(g) Toluene, a solvent found in nail polish, is a developmental and neurological toxicant that causes headaches, dizziness, and nausea, among other symptoms.
(h) Formaldehyde, a chemical that acts as a disinfectant and as a preservative in nail polishes, is a known carcinogen. Exposure to formaldehyde in the short term can irritate the eyes, nose, throat, and skin, and in the long term exposure can cause asthma.
(i) A number of cosmetic product manufacturers, including both small domestic producers and large multinational corporations, have eliminated certain substances that cause cancer or reproductive harm from their products.
(j) Some local governments have already adopted successful Healthy Nail Salon Recognition Programs (HNSR programs), including the City and County of San Francisco, the Counties of Alameda, San Mateo, and Santa Clara, and the City of Santa Monica.
(k) These local HNSR programs support nail salons that use less toxic products and practices that are safer for workers and their customers.
(l) Given the recently enacted successful local HNSR programs, and the availability of safer alternative cosmetic products, it is in the interest of the people of the State of California to ensure that nail salons are given guidelines to operate safely for workers and consumers.
SEC. 2.
Section 25257.2 is added to the Health and Safety Code, to read:
25257.2.
(a) The department shall, by January 1, 2018, publish guidelines for healthy nail salon recognition (HNSR) programs voluntarily implemented by local cities and counties.
(b) The guidelines for an HNSR program adopted pursuant to subdivision (a) may include, but shall not be limited to, all of the following:
(1) A list of specific chemical ingredients that should not be used by a nail salon seeking recognition. In determining whether to include a chemical on the list, the department shall consider:
(A) Whether the chemical is identified as a candidate chemical pursuant to the regulations adopted pursuant to Section 25252.
(B) Whether an existing healthy nail salon program has restricted the use of the chemical.
(C) The potential for exposure of nail salon workers and customers to the chemical.
(D) The availability of existing, safer alternatives to the chemical in products available to nail salons in California.
(2) Specific best practices for minimizing exposure to hazardous chemicals, including:
(A) A list of specific personal protective equipment that should be used by personnel in a salon seeking recognition and guidance on when and how to use it.
(B) Engineering controls that should be adopted by salons seeking recognition, including specific ventilation practices and equipment.
(C) Prohibiting nail polishes that contain dibutyl phthalate, formaldehyde, or toluene.
(D) Prohibiting nail polish thinners that contain methyl ethyl ketone or toluene.
(E) Prohibiting nail polish removers that contain ethyl or butyl acetate.
(3) A list of specific training topics for salon owners and staff, whether on payroll or contract, on safer practices delineated in the HNSR program guidelines.
(4) Criteria for the use of outside products brought in by clients.
(5) Verification that a salon seeking recognition is in compliance with Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code, and all applicable regulations enforced by the State Board of Barbering and Cosmetology.
(6) Any other guidelines or best practices determined by the department to further the goals of an HNSR program.
(c) The guidelines adopted pursuant to subdivision (a) shall include criteria for cities and counties that adopt an HNSR program. These criteria may cover, but are not limited to:
(1) Coordination with other local HNSR programs to assist businesses in achieving and moving beyond regulatory compliance.
(2) Training and certification requirements for the salon owners and staff to ensure thorough knowledge of safe and environmentally friendly procedures.
(3) Issuance of an approved seal or certificate to salons that have met certification requirements.
(4) The process by which a salon can enroll in an HNSR program and be verified by the local entity.
(5) The frequency at which the local entity shall verify continued compliance by a salon that has previously met all specified requirements.
(d) In developing guidelines pursuant to subdivision (a), the department shall consult with the Division of Occupational Safety and Health, the State Department of Public Health, and the State Board of Barbering and Cosmetology.
(e) In collaboration with existing healthy nail salon programs, the department shall promote the HNSR guidelines developed pursuant to subdivision (a) by doing all of the following:
(1) Developing and implementing a consumer education program.
(2) Presenting the HNSR guidelines to local health officers, local environmental health departments, and other local agencies as appropriate.
(3) Developing and either distributing or posting on its Internet Web site information for local entities, including, but not limited to, suggestions for successful implementation of HNSR programs and resource lists that include names and contact information of vendors, consultants, or providers of financial assistance or loans for purchases of ventilation equipment.

Summary: Existing law regulates the existence and disclosure of specified chemicals and components in consumer products, including phthalates and bisphenol A. Existing law also provides for the licensing and regulation of nail salons and manicurists by the State Board of Barbering and Cosmetology within the Department of Consumer Affairs. This bill would require the Department of Toxic Substances Control to publish guidelines for cities, counties, and cities and counties to voluntarily implement local healthy nail salon recognition (HNSR) programs. The bill would allow the guidelines to include, but not be limited to, specified criteria, such as the potential for exposure of nail salon workers and customers to chemicals. The bill would also require the department to develop a consumer education program, present the guidelines to local health officers, local environmental health departments, and other local agencies, and post specified information on its Internet Web site.

An act to add Section 25257.2 to the Health and Safety Code, relating to nail salons.


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

SECTION 1.
Section 1203 of the Penal Code is amended to read:
1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
(b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(D) The probation officer may also include in the report his or her recommendation of both of the following:
(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified in this paragraph may be granted by the court only upon a finding of good cause.
(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c.
(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted.
(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted.
(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes.
(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts:
(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times.
(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8) Any person who knowingly furnishes or gives away phencyclidine.
(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13) Any person who is
described in
convicted of violating
subdivision (b) or (c) of Section 27590.
(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b.
(j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.

Summary: Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.

An act to amend Section 1203 of the Penal Code, relating to probation.


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

SECTION 1.
The Legislature finds and declares both of the following:
(a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to family child care providers. Improving health and safety for family child care providers will also protect the health and safety of the children under their care, because a safer and healthier environment for family child care providers means a safer and healthier environment for children.
(b) Family child care providers are at risk for occupational health and safety hazards on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. Since family child care providers are not covered by workers’ compensation insurance, it is particularly important to them and to the children under their care that they be trained to avoid injury and illness on the job.
SEC. 2.
Section 1596.86 of the Health and Safety Code is amended to read:
1596.86.
(a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.
(b)  To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names,
addresses
addresses,
and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code),
the entity selected to provide the trainings required pursuant to Section 1596.864,
family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.
(c)  The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.
SEC. 3.
Section 1596.864 is added to the Health and Safety Code, to read:
1596.864.
(a) For purposes of this section, the following definitions shall apply:
(1) “Family child care provider” or “provider” means either of the following:
(A) A family day care home provider, as described in Section 1596.78, who is licensed pursuant to the requirement in Section 1596.80.
(B) A person who provides child care to children, in his or her own home or in the home of the child receiving care, under a publicly funded child care program and who is exempt from licensing requirements pursuant to Section 1596.792, but excluding family child care providers who are the relatives of the children receiving care.
(2) “Publicly funded child care program” means a program to subsidize early learning and care for children that is administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, contracted child care slots, the California State Preschool Program, and programs established subsequent to the passage of this section, but not including the K-12 public education system.
(b) A family child care provider shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care.
(c) The State Department of Social Services may establish a schedule according to which all family child care providers shall be required to complete the training in no less than four years from when the training is first offered pursuant to this section, or within three months of the provider becoming a family child care provider, whichever occurs later. In establishing this schedule, the department shall prioritize the training of licensed family child care providers.
(d) The training sessions required pursuant to subdivision (b) shall include all of the following:
(1) A discussion of all of the following risks and how those risks can be identified and minimized in a child care setting:
(A) Chemical and biological hazards.
(B) Infectious disease.
(C) Physical hazards and stress.
(2) Small and large group discussion.
(3) An opportunity for the provider to learn from current child care professionals.
(4) Upon approval by the department based on a determination that the presentations would be relevant and useful to the providers, presentations by organizations that foster collective engagement by providers around improving the child care system, including the health and safety of providers and children, and about the organizations’ training and other opportunities for providers.
(5) An opportunity for a provider to give feedback on the training he or she has received.
(e) (1) The Department of Industrial Relations shall select an entity to provide the training required in this section based on a competitive process. The Department of Industrial Relations shall select an entity that meets all of the following requirements:
(A) Has experience providing occupational health and safety training, as described in this section, to family child care providers.
(B) Trains family child care providers to give the training required by this section to other providers.
(C) Will provide periodic updates on health and safety matters to providers who have completed the training.
(2) The entity selected to provide the training required by this section shall develop the curriculum for the training sessions with input from family child care providers. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations.
(3) The State Department of Social Services shall administer the contract with the entity selected to provide the training.
(f) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for family child care providers, and with resource and referral networks, so as to reduce the burden on providers.
(g) On a monthly basis, the department shall provide lists of the family child care providers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training. The entity shall use that information for the purpose of providing family child care providers with periodic updates on health and safety issues and other educational information. Upon written request of a provider, the department shall remove the provider’s home address and home telephone number from the lists before the lists are released.
(h) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves.
(i) This section shall become operative on July 1, 2017.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.
It is the intent of the Legislature to codify the rights of child care providers who are paid to provide child care through an alternative payment program to file a complaint with the State Department of Education when a child care provider has reason to believe that the alternative payment program contractor has violated federal or state law or regulation.
SEC. 2.
Section 8221.6 is added to the
Education Code
, to read:
8221.6.
(a)A licensed or license-exempt child care provider who receives payment through the alternative payment program may file a complaint, alleging that an alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(b)For purposes of this section, alternative payment programs are operated by contractors reimbursed under the following contract types:
(1)The California Alternative Payment Program.
(2)The CalWORKs Stage 2 Program.
(3)The CalWORKs Stage 3 Program.
(4)The Migrant Alternative Payment Program.
(c)The operation of this section is contingent upon the enactment of an appropriation for this purpose in the annual Budget Act or another statute.

Summary: Existing law requires the State Department of Social Services to license and regulate family day care home providers and to regulate other nonlicensed persons who provide in-home child care. Violation of these provisions is a crime. This bill, as of July 1, 2017, would require a family child care provider, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession and how to identify and avoid those risks to protect the provider’s own health and safety and the health and safety of the children in his or her care. The bill would require the Department of Industrial Relations to select an entity to provide the training required, based on a competitive process, and would require the State Department of Social Services to administer the contract with that entity. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law, the Child Care and Development Services Act, requires the State Department of Education to contract with local contracting agencies for alternative payment programs that are intended to allow for maximum parental choice in child care. This bill would provide that a licensed or license-exempt child care provider who receives payment through a designated alternative payment program may file a complaint, alleging that the alternative payment program has not complied with federal or state law or regulation, pursuant to the Uniform Complaint Procedures in the California Code of Regulations, as specified.

An act to
add Section 8221.6 to the Education Code,
amend Section 1596.86 of, and to add Section 1596.864 to, the Health and Safety Code,
relating to child
care and development.
care.


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

SECTION 1.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be issued or approved until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid. A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General and may be annually renewed by making the filing required by Section 17550.21 and paying a filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. No registration shall be renewed until the late fee, and the filing and late fees for each year the seller of travel operated without being registered, have been paid.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) The office of the Attorney General shall suspend the registration of any seller of travel who (1) fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35) or (2) submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to an individual, natural person who meets all of the following conditions:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 1.5.
Section 17550.20 of the Business and Professions Code is amended to read:
17550.20.
(a) (1) Not less than 10 days prior to doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Law Section the information required by Section 17550.21 and paying the following fees, as applicable:
(A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business.
(B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received.
(2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1).
(3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid.
(4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state.
(b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General.
(c) Whenever, prior to expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Law Section of the office of the Attorney General.
(d) (1) Not less than 10 days prior to the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee.
(2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance.
(e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following:
(A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35).
(B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn.
(C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21.
(2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected.
(f) The Attorney General may, at his or her discretion and subject to supervision by the Attorney General or his or her delegate, contract out all or any part of the processing of registrations required by this section.
(g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following:
(1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation.
(2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger.
(3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract.
(4) Does not receive any consideration for air or sea transportation or other travel services from the passenger.
(5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel.
(6) Discloses both of the following:
(A) The person is acting on behalf of a registered seller of travel.
(B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting.
The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the Internet, the disclosures also shall appear on the home page of the person’s Internet Web site and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services.
(h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days.
SEC. 2.
Section 1.5 of this bill incorporates amendments to Section 17550.20 of the Business and Professions Code proposed by both this bill and Assembly Bill 2106. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 17550.20 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2106, in which case Section 1 of this bill shall not become operative.

Summary: Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Under existing law, a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state or solicits prospective purchasers who are located in this state. This bill would clarify that a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country. This bill would incorporate additional changes to Section 17550.20 of the Business and Professions Code proposed by AB 2106 that would become operative if this bill and AB 2106 are enacted and this bill is enacted last.

An act to amend Section 17550.20 of the Business and Professions Code, relating to business.