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

SECTION 1.
Section 56326.5 is added to the Education Code, to read:
56326.5.
(a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall:
(1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d).
(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements.
(3) Present the developmental milestones in terms of typical development of all children, by age range.
(4) Be written for clarity and ease of use by parents.
(5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts.
(6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting.
(7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development.
(b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments:
(1) Shall be in a format that shows stages of language development.
(2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy.
(3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive.
(4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children.
(5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans.
(6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e).
(c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English.
(2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy.
(d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts.
(2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a).
(3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected.
(e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b).
(2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following:
(A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English.
(B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements.
(C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English.
(D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school.
(E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English.
(F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements.
(G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English.
(H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements.
(I) One advocate for the teaching and use of the dual languages of ASL and English.
(J) One advocate for the teaching and use of spoken English, with or without visual supplements.
(K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English.
(L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment.
(M) One speech pathologist from spoken English, with or without the use of visual supplements.
(f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy.
(g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site.
(h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information.
(i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive.
(j) This section shall apply only to children from birth to five years of age, inclusive.
(k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law provides that the Superintendent of Public Instruction may authorize the California School for the Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, to establish and maintain a testing center for deaf and hard-of-hearing minors. Existing law provides that the purpose of the center shall be to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. Existing law authorizes a pupil to be referred, as appropriate, to the California School for the Deaf, among other places, for further assessment and recommendations. This bill would require the State Department of Education’s Deaf and Hard of Hearing unit and the state’s 2 schools for the deaf to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language developmental milestones to be selected from the language developmental milestones recommended by an ad hoc advisory committee, which the bill would establish, as provided. The bill would require the parent resource to, among other things, make clear that it is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. The bill would require the department to also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tools or assessments to be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. The bill would, if a child does not demonstrate progress in expressive and receptive language skills, as measured by one of the selected educator tools or assessments, or by the existing instrument used to satisfy federal law, require the child’s IFSP or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and to recommend specific strategies, services, and programs that would be provided to assist the child’s success toward English literacy. To the extent this provision would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill also would require the department to disseminate the language developmental milestones to parents and guardians of deaf or hard-of-hearing children, and, pursuant to federal law, to disseminate the selected educator tools and assessments to local educational agencies for use in the development and modification of IFSP and IEP plans, and to provide materials and training on its use to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of American Sign Language and English. The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site. The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add Section 56326.5 to the Education Code, relating to special education.


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

SECTION 1.
Section 20194 of the Government Code is repealed.
SEC. 2.
Section 20222.5 of the Government Code is amended to read:
20222.5.
(a) The board may, during the course of an audit, require each state employer, school employer, including each school district represented by a school employer, and contracting agency, to provide information or make available for examination or copying at a specified time and place, or both, books, papers, any data, or any records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system.
(b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following:
(1) The number of employees.
(2) Employment classifications.
(3) Benefits.
(4) Contract provisions.
(5) Geographical location.
(6) Time required for audits of comparable entities.
(7) Additional time factors raised by the subject of the audit.
(c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control.
(d) The information obtained from an employer under this section shall remain confidential pursuant to Section 20230.
SEC. 3.
Section 20235 of the Government Code is amended to read:
20235.
(a) The board shall submit a review of this system’s assets to the Legislature on a semiannual basis. The report shall also be made available to all contracting agencies. The report shall discuss the system’s assets, including review of all defined benefit trusts and defined contribution plans, and shall contain the following information:
(1) Defined benefit trust and defined contribution plan total current market value and allocation of investments across primary asset classes, if appropriate.
(2) Review of all portfolio and partnership current market value by primary asset class and strategy.
(3) Historical time-weighted return for all defined benefit trusts, defined contribution plans, portfolios, and partnerships on a five-year, three-year, and one-year basis.
(4) Summary of performance of an alternative theoretical portfolio for all defined benefit trusts and defined contribution plans based upon policy benchmarks approved by the board.
(5) Description of policy benchmark components represented in the alternative theoretical portfolio.
(b) Upon written request from a contracting agency that does not participate in a risk pool, the board shall also submit quarterly reports to the contracting agency as described in this subdivision. For the first quarter of the fiscal year, the report shall be submitted within 120 days after the end of the quarter and shall contain the agency’s beginning balance for the fiscal year. For the second and third quarters of the fiscal year, the report shall be submitted to the contracting agency within 90 days after the end of the quarter. For the fourth quarter of the fiscal year, the report shall be submitted within 180 days after the end of the quarter and shall contain the agency’s balance as of the end of the fiscal year. The report shall include, but need not be limited to, the following:
(1) All contributions made to the system by the contracting agency and its employees. The contributions shall be reported as the amounts paid and the amounts due from the contracting agency for both employer contributions and employee contributions.
(2) All benefits paid by the system to members of the contracting agency and their survivors and beneficiaries, including payments on account of pension, death, and disability benefits, and withdrawals of contributions. The benefits shall be reported as the total monthly allowances paid to retirees, survivors, and beneficiaries; the amount of total refunds paid; and the amount of any other lump sums paid.
(3) An amount that represents any miscellaneous adjustments, including transfers in and out.
(4) That quarter’s portion of the agency’s estimated share of the system’s administrative costs that shall be assessed at the end of the fiscal year.
(5) The rate of return for the system during the quarter as reported to the board by the investment committee.
(6) The estimated interest applied to the agency’s account as determined by the system. For purposes of this paragraph, the “estimated interest applied” means the estimate of the annual net earnings, as defined in Section 20052, and is subject to adjustment at the end of the fiscal year based on the actual dollar-weighted amount of investment return that shall be credited to the agency’s account for the fiscal year. The report for the fourth quarter of the fiscal year shall also include the actual dollar-weighted amount of investment return for the fiscal year that shall be credited to the contracting agency’s account.
(c) Upon written request from a contracting agency that participates in a risk pool, the board shall submit to the contracting agency quarterly reports that reflect the total contributions made to the system by agencies in the risk pool, the total benefits paid by the system with respect to the risk pool, the total estimated share of administrative costs for the risk pool, and the total estimated share of investment returns for the risk pool.
(d) A contracting agency requesting quarterly reports pursuant to subdivision (b) or (c) shall pay a fee, in an amount determined by the board, not to exceed one thousand five hundred dollars ($1,500) quarterly per agency while the manual process of collecting the information is in use.
(e) Any report received by a contracting agency pursuant to this section shall be made available by the agency to any employee organization that represents the agency’s employees and that requests a copy of the report.
SEC. 4.
Section 21002 of the Government Code is amended to read:
21002.
A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to receive service credit for that period of uncompensated absence at any time prior to retirement by making contributions as specified in Sections 21050 and 21052. The purchase of additional service credit pursuant to this section shall not reduce the amount of service credit that the member is eligible to purchase pursuant to this chapter. A member may purchase service credit pursuant to this section for a leave of absence that occurred either before or after the effective date of these provisions.
SEC. 5.
Section 21013 of the Government Code is amended to read:
21013.
“Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state service at the end of the approved leave for a period of time at least equal to that leave. Any member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. This section applies to both past and future maternity or paternity leaves of absences by members of the system.

Summary: The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees and prescribes the rights and duties of members and annuitants of the system. PERL vests management and control of PERS in the Board of Administration. The California Constitution and PERL grant the board control over the investment of the retirement fund subject to certain restrictions. PERL directs the board to invest not less than 25 of all funds that become available in a fiscal year for new investments in specified obligations and securities connected with residential realty, subject to the board’s authority to substitute other investments consistent with its fiduciary obligations to the retirement system and standards for prudent investment. PERL requires the board to report on these investments. This bill would repeal the provisions regarding investing in residential realty, described above. PERL authorizes the board to require employers participating in the system to provide specified information, as deemed necessary by the board, for examination and copying in the course of an audit to determine the correctness of retirement benefits, reportable compensation, enrollment in the system, and reinstatement to the system. This bill would provide that the authority described above also applies to determining the eligibility for retirement benefits. PERL requires the board to submit a quarterly review of system assets to the Legislature, which is required to include reporting on the system’s portfolio on the basis of cost and market value, among other things. This bill would change the frequency of this report to semiannual, would eliminate the requirement to report on the investments on a cost basis, and would make other changes to the content of the report. PERL permits a member who returns to active service following an employer-approved uncompensated leave of absence, as defined, because of his or her serious illness or injury to purchase service credit for that period of absence upon the payment of contributions, as specified. This bill would specify that the option to purchase service credit shall be elected prior to retirement, that the member be returning to state service, and would make other related and clarifying changes.

An act to amend Sections 20222.5, 20235, 21002, and 21013 of, and to repeal Section 20194 of, the Government Code, relating to public employees’ retirement.


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

SECTION 1.
Section 1170.05 of the Penal Code is amended to read:
1170.05.
(a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements.
(b) As used in this section, an alternative custody program shall include, but not be limited to, the following:
(1) Confinement to a residential home during the hours designated by the department.
(2) Confinement to a residential drug or treatment program during the hours designated by the department.
(3) Confinement to a transitional care facility that offers appropriate services.
(c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section.
(d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program:
(1) The person has a current conviction for a violent felony as defined in Section 667.5.
(2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8.
(3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense.
(5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility.
(e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification.
(f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate.
(2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision.
(g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules:
(1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee.
(2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions.
(3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section.
(h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence.
(i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary.
(1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program.
(2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody.
(3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section.
(j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial.
(k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary.
(l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside.
(2) The information required by paragraph (1) shall consist of the following:
(A) The participant’s name, address, and date of birth.
(B) The offense committed by the participant.
(C) The period of time the participant will be subject to an alternative custody program.
(3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community.
(m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program.
(n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program.
(o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy.
(2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.
(p) The secretary shall adopt emergency regulations specifically governing participants in this program.
(q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.

Summary: Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria. Except as specified, existing law requires the suspension of certain Medi-Cal benefits to an individual who is an inmate of a public institution. Existing law requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. This bill would provide that an inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. The bill would also prescribe specific timeframes for, among other things, the review of an application to participate in the program, notifying an applicant when a determination has been made on that application, the development of an individualized treatment and rehabilitation plan, and release of the inmate into the program. The bill would require a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorize an inmate to reapply for participation in the program or appeal a denial, as specified. The bill would also require the secretary or his or her designee to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. The bill would require that, to the extent not covered by a participant’s health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.

An act to amend Section 1170.05 of the Penal Code, relating to prisons.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta is an invaluable California natural resource. However, the health of the Delta is being threatened by water hyacinth as it obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages cherished natural ecosystems by crowding out native plants and wildlife.
(b) The Division of Boating and Waterways is the lead agency responsible for eradicating and controlling invasive aquatic plants, such as water hyacinth, in the Delta, its tributaries, and the Suisun Marsh.
(c) Water hyacinth is controlled by the Division of Boating and Waterways primarily through the use of pesticides, which require state and federal permits, approvals, and biological opinions.
(d) In 2012, the Division of Boating and Waterways failed to obtain these permits in a timely manner and pesticide spraying was significantly delayed,
which
which, in combination with other factors,
allowed water hyacinth to grow and multiply into dense, unsafe mats that blanketed and obstructed several areas of the Delta.
(e) Therefore, in order to improve public transparency and accountability, an advisory and oversight committee must be established to
evaluate and
monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh.
SEC. 2.
Section 64 of the Harbors and Navigation Code is amended to read:
64.
(a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the Delta and the Suisun Marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh.
(b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh.
(c) The department, other state agencies, including, but not limited to, the California Conservation Corps, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh and may furnish money, services, equipment, and other property to that end.
(d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund.
(e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough.
SEC. 3.
Section 64.6 is added to the Harbors and Navigation Code, to read:
64.6.
The division shall, no later than 90 days after the effective date of the act adding this section, establish an advisory and oversight committee to
evaluate and
monitor the activities of the division relating to the management and control or eradication of invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh.
(a) The division shall designate and provide staff support to the advisory and oversight committee.
(b) The membership of the advisory and oversight committee shall include an equitable number of representatives from each of the following interests affected by invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh:
(1) Agriculture.
(2) Recreational boating.
(3) Commercial shipping.
(4) Business owners.
(5) California Invasive Plant Council.
(6) Research institutions.
(7) Wildlife conservation.
(8) Environment.
(9) Resource conservation districts.
(10) The general public.
(11) Local government.
(c) The advisory and oversight committee shall meet, at a minimum, twice per year and communicate any findings or recommendations to the division. The division shall make any such findings or recommendations publically available on the division’s Internet Web site.
(d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to aid in the mitigation and control of invasive aquatic plants that have caused significant damage to the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing waterways and marinas, consuming valuable water resources, creating human health and safety hazards, and damaging cherished natural ecosystems, it is necessary that this act take effect immediately.

Summary: Existing law designates the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and prescribes the duties of the division with regard to the management and control or eradication of those plants. This bill would require the division, no later than 90 days after the effective date of the bill, to establish, and designate and provide staff support to, an advisory and oversight committee to evaluate and monitor the activities of the division relating to the management and control or eradication of those plants. The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Section 64 of, and to add and repeal Section 64.6 of, the Harbors and Navigation Code, relating to
aquatic
invasive
aquatic
plants, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 117630 of the Health and Safety Code is amended to read:
117630.
(a) “Biohazard bag” means a disposable film bag used to contain medical waste. Notwithstanding subdivision (b) of Section 117605, the film bags that are used to line the United States Department of Transportation (USDOT)-approved shipping containers for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility shall be marked and certified by the manufacturer as having passed the tests prescribed for tear resistance in the American Society for Testing Materials (ASTM) D1922, “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” and for impact resistance in ASTM D1709, “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method,” as those documents were published on January 1, 2014. The film bag shall meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both parallel and perpendicular planes with respect to the length of the bag.
(b) The biohazard bag that is used to collect medical waste within a facility shall be manufacturer certified to meet the ASTM D1709 dart drop test, provided that when the bag is prepared for transport offsite, it is placed into a USDOT-approved container lined with a biohazard bag that is ASTM D1709 and ASTM D1922 certified.
(c) The color of the bag shall be red, except when yellow bags are used to further segregate trace chemotherapy waste and white bags are used to further segregate pathology waste. The biohazard bag shall be marked with the international biohazard symbol and may be labeled by reference as authorized by the USDOT.
SEC. 2.
Section 117904 of the Health and Safety Code is amended to read:
117904.
(a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste.
(b) A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.”
(c) A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity of consolidating home-generated sharps waste pursuant to this section.
(d) A home-generated sharps consolidation point shall comply with all of the following requirements:
(1) All sharps waste shall be placed in sharps containers.
(2) Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency.
(e) An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department.
(f) The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste.
SEC. 3.
Section 117943 of the Health and Safety Code is amended to read:
117943.
(a) A medical waste generator required to register pursuant to this chapter shall maintain for a minimum of three years individual treatment operating records, and if applicable, the tracking document for all untreated medical waste shipped offsite for treatment, and shall report or submit to the enforcement agency, upon request, all of the following:
(1) Treatment operating records. Operating records shall be maintained in written or electronic form.
(2) An emergency action plan complying with regulations adopted by the department.
(3) Tracking documents or electronically archived tracking documents maintained by the facility and medical waste hauler of all untreated medical waste shipped offsite for treatment.
(b) Documentation shall be made available to the enforcement agency onsite.
SEC. 4.
Section 117945 of the Health and Safety Code is amended to read:
117945.
(a) Small quantity generators who are not required to register pursuant to this chapter shall maintain on file in their office all of following:
(1) An information document stating how the generator contains, stores, treats, and disposes of any medical waste generated through any act or process of the generator.
(2) Records required by the United States Postal Service of any medical waste shipped offsite for treatment and disposal. The small quantity generator shall maintain, or have available electronically at the facility or from the medical waste hauler or common carrier, these records, for not less than three years.
(b) Documentation shall be made available to the enforcement agency onsite.
SEC. 5.
Section 117975 of the Health and Safety Code is amended to read:
117975.
(a) A large quantity medical waste generator required to register pursuant to this chapter shall maintain for a minimum of two years individual treatment records and the tracking document for all untreated medical waste shipped offsite for treatment. The generator shall report or submit to the enforcement agency, upon request, all of the following:
(1) Treatment operating records. Operating records shall be maintained in written or electronic form.
(2) An emergency action plan in accordance with regulations adopted by the department.
(3) Tracking documents or electronically archived tracking documents maintained by the facility or medical waste hauler of all untreated medical wastes shipped offsite for treatment.
(b) Documentation shall be made available to the enforcement agency onsite as soon as feasible, but no more than two business days following the request.
SEC. 6.
Section 118032 of the Health and Safety Code is amended to read:
118032.
A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the requirements of subdivision (a) of Section 118000 if all of the following requirements are met:
(a) The generator or parent organization has on file one of the following:
(1) If the generator or parent organization is a small quantity generator required to register pursuant to Chapter 4 (commencing with Section 117925), a medical waste management plan prepared pursuant to Section 117935.
(2) If the generator or parent organization is a small quantity generator not required to register pursuant to Chapter 4 (commencing with Section 117925), the information document maintained pursuant to subdivision (a) of Section 117945.
(3) If the generator or parent organization is a large quantity generator, a medical waste management plan prepared pursuant to Section 117960.
(b) The generator or health care professional who generated the pharmaceutical waste transports the pharmaceutical waste himself or herself, or directs a member of his or her staff to transport the pharmaceutical waste to a parent organization or another health care facility for the purpose of consolidation before treatment and disposal, or contracts with a common carrier to transport the pharmaceutical waste to a permitted medical waste treatment facility or transfer station.
(c) Except as provided in subdivision (d), all of the following requirements are met:
(1) Prior to shipment of the pharmaceutical waste, the generator notifies the intended destination facility that it is shipping pharmaceutical waste to it and provides a copy of the tracking document, as specified in Section 118040.
(2) The generator and the facility receiving the pharmaceutical waste maintain the tracking document, as specified in Section 118040.
(3) The facility receiving the pharmaceutical waste notifies the generator of the receipt of the pharmaceutical waste shipment and any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste.
(4) The generator notifies the enforcement agency of any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste.
(d) (1) Notwithstanding subdivision (c), if a health care professional who generates pharmaceutical waste returns the pharmaceutical waste to the parent organization for the purpose of consolidation before treatment and disposal over a period of time, a single-page form or multiple entry log may be substituted for the tracking document, if the form or log contains all of the following information:
(A) The name of the person transporting the pharmaceutical waste.
(B) The number of containers of pharmaceutical waste. This clause does not require any generator to maintain a separate pharmaceutical waste container for every patient or to maintain records as to the specified source of the pharmaceutical waste in any container.
(C) The date that the pharmaceutical waste was returned.
(2) The form or log described in paragraph (1) shall be maintained in the files of the health care professional who generates the pharmaceutical waste and the parent organization or another health care facility that receives the pharmaceutical waste.
(3) This subdivision does not prohibit the use of a single document to verify the return of more than one container to a parent organization or another health care facility, provided the form or log meets the requirements specified in paragraphs (1) and (2).
SEC. 7.
Section 118040 of the Health and Safety Code is amended to read:
118040.
(a)  Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste transporter transporting medical waste shall maintain a completed tracking document in compliance with subdivision (b) for the purpose of tracking the medical waste from the point when the waste leaves the generator facility until it receives final treatment. At the time that the medical waste is received by a hazardous waste transporter, the transporter shall provide the medical waste generator with a copy of the tracking document. The transporter transporting medical waste shall maintain its copy of the tracking document for three years.
(b)  The tracking document shall include, but not be limited to, all of the following information:
(1)  The name, address, telephone number, and registration number of the transporter, unless transported pursuant to Section 117946 or 117976.
(2)  The type of medical waste transported and the quantity or aggregate weight of medical waste transported.
(3)  The name, address, and telephone number of the generator.
(4)  The name, address, telephone number, permit number, and the signature of an authorized representative of the permitted facility receiving the medical waste.
(5)  The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, the registered large quantity generator, or point of consolidation, if applicable, and the date that the medical waste is received by the treatment facility.
(c)  A hazardous waste transporter transporting medical waste in a vehicle shall have the tracking document in his or her possession while transporting the medical waste. The tracking document shall be shown upon demand to any enforcement agency personnel or officer of the Department of the California Highway Patrol. If the medical waste is transported by rail, vessel, or air, the railroad corporation, vessel operator, or airline shall enter on the shipping papers any information concerning the medical waste that the enforcement agency may require.
(d)  A hazardous waste transporter transporting medical waste shall provide the facility receiving the medical waste with the original tracking document.
(e)  Each hazardous waste transporter and each medical waste treatment facility shall provide tracking data periodically and in a format as determined by the department.
SEC. 8.
Section 118275 of the Health and Safety Code is amended to read:
118275.
(a) To containerize or store medical waste, at the point of generation and while collected in that room, a person shall do all of the following:
(1) Medical waste, as defined in Section 117690, shall be contained separately from other waste at the point of origin in the producing facility. Sharps containers may be placed in biohazard bags or in containers with biohazard bags.
(2) Biohazardous waste, as defined in paragraph (1) of subdivision (b) of Section 117690, shall be placed in a biohazard bag and labeled in compliance with Section 117630.
(3) Sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, including sharps and pharmaceutical waste containerized pursuant to paragraph (7), shall be contained in a United States Food and Drug Administration (USFDA) approved sharps container that meets USFDA labeling requirements and is handled pursuant to Section 118285.
(4) Trace chemotherapy waste, as defined in paragraph (5) of subdivision (b) of Section 117690, shall be segregated for storage, and, when placed in a secondary container, that container shall be labeled with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. Sharps waste that is contaminated through contact with, or having previously contained, chemotherapeutic agents, shall be placed in sharps containers labeled in accordance with the industry standard with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department, and shall be segregated to ensure treatment of the sharps waste pursuant to Section 118222.
(5) Pathology waste, as defined in paragraph (2) of subdivision (b) of Section 117690, shall be segregated for storage and, when placed in a secondary container, that container shall be labeled with the words “Pathology Waste,” “PATH,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to Section 118222.
(6) Pharmaceutical waste, as defined in paragraph (3) of subdivision (b) of Section 117690, shall be segregated for storage in accordance with the facility’s medical waste management plan. When this waste is prepared for shipment offsite for treatment, it shall be properly containerized for shipment in compliance with United States Department of Transportation and the United States Drug Enforcement Administration (DEA) requirements.
(A) Pharmaceutical wastes classified by the DEA as “controlled substances” shall be disposed of in compliance with DEA requirements.
(B) Nonradioactive pharmaceutical wastes that are not subject to the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, and that are regulated as medical waste are placed in a container or secondary container labeled with the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222.
(7) A person may consolidate into a common container, which may be reusable, sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, and pharmaceutical wastes, as defined in paragraph (3) of subdivision (b) of Section 117690, provided that both of the following apply:
(A) The consolidated waste is treated by incineration or alternative treatment technologies approved to treat that waste pursuant to paragraph (1) or (3) of subdivision (a) of Section 118215 prior to disposal. That alternative treatment shall render the waste unrecoverable and nonhazardous.
(B) The container meets the requirements of Section 118285. The container shall be labeled with the biohazardous waste symbol and the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to this subdivision.
(b) To containerize medical waste being held for shipment offsite for treatment, the waste shall be labeled, as outlined in subdivision (a), on the lid and sides of the container.
(c) When medical waste is containerized pursuant to subdivisions (a) and (b) there is no requirement to label the containers with the date that the waste started to accumulate.
SEC. 9.
Section 118345 of the Health and Safety Code is amended to read:
118345.
(a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this part that materially affects the health and safety of the public is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each separate violation or, for continuing violations, for each day that the violation continues.
(b) Any person who fails to register or fails to obtain a medical waste permit in violation of this part, or otherwise violates any provision of this part, any order issued pursuant to Section 118330, or any regulation adopted pursuant to this part, is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation of a separate provision of this part or, for continuing violations, for each day that the violation continues.
SEC. 10.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that necessary and technical changes to the laws governing the handling and disposal of medical waste are implemented as soon as possible, it is necessary that this act take effect immediately.

Summary: Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the disposal of medical waste. The act requires specified biohazard materials to be disposed of in biohazard bags and requires specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag.” Existing law defines a biohazard bag to mean a film bag that is impervious to moisture. Existing law requires the film bags that are used for transport to be marked and certified by the manufacturer as having passed specified tests prescribed for tear resistance and for impact resistance. This bill would revise the definition of “biohazard bag” and would limit the application of the requirement that film bags used for transport be marked and certified by the manufacturer as having passed specified tests only to those film bags that are used for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility. The bill would revise the requirements for biohazard bags that are used to collect medical waste within a facility, as specified. Existing law requires a hazardous waste transporter or generator transporting medical waste to maintain a completed shipping document in compliance with the United States Department of Transportation and a tracking document if the waste is transported to a facility other than the final medical waste treatment facility. This bill would instead require a hazardous waste transporter that transports medical waste to maintain a tracking document in compliance with specified requirements for purposes of tracking medical waste from the point when the waste leaves the generator facility until the waste receives final treatment. The bill would also require the tracking document to be maintained only by hazardous waste transporters, and not by generators transporting waste. The bill would also make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 117630, 117904, 117943, 117945, 117975, 118032, 118040, 118345, and 118275 of the Health and Safety Code, relating to medical waste, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
Section 837.5 is added to the Code of Civil Procedure, immediately following Section 837, to read:
837.5.
(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter.
(b) This section does not affect substantive law.
SEC. 2.
Section 10720.1 of the Water Code is amended to read:
10720.1.
In enacting this part, it is the intent of the Legislature to do all of the following:
(a) To provide for the sustainable management of groundwater basins.
(b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater.
(c) To establish minimum standards for sustainable groundwater management.
(d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater.
(e) To avoid or minimize subsidence.
(f) To improve data collection and understanding about groundwater.
(g) To increase groundwater storage and remove impediments to recharge.
(h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner.
(i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part.
SEC. 3.
Section 10720.5 of the Water Code is amended to read:
10720.5.
(a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription.
(b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights.
(c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure.
SEC. 4.
Section 10722.2 of the Water Code is amended to read:
10722.2.
(a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information:
(1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management.
(2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin.
(3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department.
(4) Other information the department deems necessary to justify revision of the basin’s boundary.
(b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department.
(c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following:
(1) How to assess the likelihood that the proposed basin can be sustainably managed.
(2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins.
(3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin.
(d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(e) The department shall provide a copy of its draft revision of a basin’s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission.
SEC. 5.
Chapter 12 (commencing with Section 10737) is added to Part 2.74 of Division 6 of the Water Code, to read:
CHAPTER  12. Determination of Rights to Groundwater
10737.
Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code.
10737.2.
In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part.
10737.4.
(a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply:
(1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.
(2) The department determines that the judgment satisfies the objectives of this part for the basin.
(b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (b) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6.
(c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017.
(d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action.
10737.6.
If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions.
10737.8.
In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management.
SEC. 6.
This act shall only become operative if Assembly Bill 1390 of the 2015–16 Regular Session is enacted and becomes effective.

Summary: The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable. Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin. Existing law authorizes a court to order a reference to the State Water Resources Control Board, as referee, of any and all issues involved in a suit brought in any court of competent jurisdiction in this state for determination of rights to water. This bill would authorize the state to intervene in a comprehensive adjudication conducted as specified in AB 1390 of the 2015–16 Regular Session. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes a local agency to request that the department revise the boundaries of a basin. This bill, in an adjudication action to determine rights to groundwater in a basin that is required to have a groundwater sustainability plan under the act, would require the court to manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by the act. The bill would authorize an entity that is directed by the court in an adjudication action to file the request that the department revise the boundaries of a basin. The act authorizes the state board to designate certain high- and medium-priority basins as a probationary basin if prescribed criteria are met. The act authorizes the state board to develop an interim plan for a probationary basin if the state board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. The act also requires the department, at least every 5 years after initial submission, to review any available groundwater sustainability plan or alternative and the implementation of the corresponding groundwater sustainability program for consistency with the act, including achieving the sustainability goal. The act requires the department to issue an assessment for each basin for which a plan or alternative has been submitted that may include recommended corrective actions to address any deficiencies identified by the department. The bill would prohibit the provisions relating to probationary basins and interim plans from applying to a judgment approved by the court if the judgment is submitted to the department for evaluation and assessment and the department determines that the judgment satisfies the objectives of the act for the basin. The bill would require the department to submit to the court assessments and any recommended corrective actions for these judgments and would require the court, after notice and, if necessary, an evidentiary hearing, to determine whether to amend the judgment to adopt the department’s recommended corrective actions. This bill would prohibit a court from approving entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the act unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with the act and to achieve sustainable groundwater management.

An act to add Section 837.5 to the Code of Civil Procedure, and to amend Sections 10720.1, 10720.5, and 10722.2 of, and to add Chapter 12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the Water Code, relating to groundwater.


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

SECTION 1.
Section 75212 of the Public Resources Code is amended to read:
75212.
Projects eligible for funding pursuant to the program include any of the following:
(a) Intermodal, affordable housing projects that support infill and compact development.
(b) Transit capital projects and programs supporting transit ridership, including water-borne transit.
(c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e) Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f) Capital projects that implement local complete streets programs.
(g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.
SEC. 2.
Section 75230 of the Public Resources Code is amended to read:
75230.
(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities.
(b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available.
(d) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria:
(1) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities.
(2) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share.
(3) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions.
(e) For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(f) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria.
(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section.
(h) A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part:
(1) A list of proposed expense types for anticipated funding levels.
(2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e).
(i) Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f).
(j) The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval.
(k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board.
(l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.

Summary: Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5 for the Low Carbon Transit Operations Program and 20 for the Affordable Housing and Sustainable Communities Program. This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.

An act to amend Sections 75212 and 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor.