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

SECTION 1.
Chapter 1.1 (commencing with Section 7283.60) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
CHAPTER  1.1. Voluntary Occupancy Tax Collection
7283.60.
For purposes of this chapter, the following terms have the following meanings:
(a) “Participating platform” means a platform that assumes the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator in a participating jurisdiction pursuant to this chapter, the amount of transient occupancy tax on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator within a participating jurisdiction.
(b) “Participating jurisdiction” means a city, county, or city and county that has adopted a resolution that permits a participating platform to collect and remit all transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction and has notified the Controller pursuant to subdivision (b) of Section 7283.63, and in which a participating platform is collecting and remitting transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction.
(c) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use.
(d) “Personally identifiable information” means operator information and identifiable transaction-level records. “Operator information” means a taxpayer’s or operator’s identifying information, including without limitation, the taxpayer’s or operator’s name, the taxpayer’s or operator’s address, and the property address of any unit made available by an operator or occupied by a taxpayer through a participating platform. “Identifiable transaction-level records” means any information that reveals the amount of rent collected or the amount of transient occupancy tax collected with respect to any individual transaction or any individual operator.
(e) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform.
(f) “Transient occupancy tax” means a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days.
7283.61.
On and after July 1, 2017, every participating platform shall collect on behalf of an operator the amount of any transient occupancy tax on every rental transaction that is facilitated by the participating platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is located within a participating jurisdiction. The participating platform shall remit the amount to the participating jurisdiction pursuant to applicable requirements of local ordinances governing the remission, but not the reporting, of the tax.
7283.62.
On or before March 1, 2017, the Controller shall develop and publicly notice both of the following:
(a) Procedures that a platform shall use to notify the Controller if the platform elects to, or discontinues its election to, become a participating platform.
(b) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to, or discontinues its election to, become a participating jurisdiction.
7283.63.
(a) On or before March 1, 2017, a platform may elect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election.
(b) On or before April 30, 2017, a city, county, or city and county may elect by resolution to become a participating jurisdiction by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the city’s, county’s, or city and county’s election.
(c) An election made pursuant to this section is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to Section 7283.65, except that a city, county, or city and county’s election pursuant to this section shall not be effective as to a participating platform that, on or before June 15, 2017, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county.
(d) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt, but in no event later than May 31, 2017.
7283.64.
On or after July 1, 2017, a platform that did not elect to become a participating platform pursuant to Section 7283.63 or had previously elected to discontinue its status as a participating platform may elect or reelect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. An election made pursuant to this section is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to Section 7283.65. The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt.
7283.65.
(a) A participating platform may elect to discontinue its status as a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the participating platform’s election. An election made pursuant to this subdivision is effective on the first day of the month that is six months after the date of the election. A participating platform may notify the Controller that the participating platform will discontinue collecting and remitting transient occupancy tax in any participating jurisdiction that amends or otherwise alters the ordinance, rules, or provisions applicable to transient occupancy tax in the participating jurisdiction upon the effective date of the amendments or alterations.
(b) On or before June 30, 2018, or June 30 of any year thereafter, a participating jurisdiction may elect to discontinue its status as a participating jurisdiction, or a city, county, or city and county may elect to become a participating jurisdiction, by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the participating jurisdiction’s or city’s, county’s, or city and county’s election. An election made by June 30 of any year pursuant to this subdivision is effective on January 1 of the following year after the election, except that a city, county, or city and county’s election pursuant to this subdivision shall not be effective as to a participating platform that, on or before November 15 of the year in which the election is made, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county.
(c) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt.
7283.66.
(a) By December 31, 2018, and by December 31 of each year thereafter, the Controller shall review or audit a participating platform’s collection and remittance of tax revenue pursuant to Section 7283.61 and shall submit a final report to each participating jurisdiction in which the participating platform collected and remitted taxes. The final report shall not disclose any personally identifiable information and shall contain only the following information:
(1) A general description of the Controller’s review or audit findings.
(2) The aggregate amount of taxes collected and remitted to each participating jurisdiction by each participating platform during the period covered by the report.
(3) An identification of any errors in the collection and remittance of tax revenues within the participating jurisdiction that were determined as a result of any review or audit in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days.
(4) The participating platform’s response, if any, to errors identified by any audit or review in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days.
(b) (1) The Controller shall only request the participating platform to submit personally identifiable information as reasonably necessary to (i) verify a participating platform’s proper application of geographic boundaries and (ii) verify proper collection and remittance of transient occupancy tax, and shall not disclose to a participating jurisdiction, publicly disclose, or otherwise make known in any manner whatsoever any personally identifiable information obtained from a participating platform or other person in the course of conducting an audit or review required by this section.
(2) When requested by a participating jurisdiction, the Controller shall permit any duly authorized officer or employee of that participating jurisdiction to examine the records of the Controller, excluding any personally identifiable information, pertaining to any audit or review of collections by a participating platform within that participating jurisdiction. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that participating jurisdiction to request or examine any records other than records in the Controller’s possession that were obtained in the course of its review or audit of transient occupancy taxes collected by a participating platform within that participating jurisdiction.
(c) A platform or a participating jurisdiction may appeal any findings identified in a review or audit report submitted pursuant to subdivision (a) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issues appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal.
(d) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to subdivision (a) or an appeal conducted pursuant to subdivision (c) from the participating platform that was audited or reviewed.
(e) This section shall not apply to cities, counties, or cities and counties that are not participating jurisdictions.
7283.67.
This chapter does not limit the existing authority of a city, county, or city and county to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the city, county, or city and county, provided that the requirements do not discriminate against transactions facilitated through a platform.
7283.68.
A participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter shall be subject to audit or review only by the Controller, pursuant to the requirements of Section 7283.66. A participating platform shall not be required to comply with audit or review requirements or requests regarding the participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter in any participating jurisdiction, or to related requests or requirements for personally identifiable information, by any participating jurisdiction.
7283.69.
A participating platform that complies with audit or review parameters established by the Controller pursuant to Section 7283.66 shall not be required to provide personally identifiable information to a participating jurisdiction, except pursuant to an order by a court of competent jurisdiction.
7283.70.
This chapter shall not be construed
as creating
to alter or otherwise modify
any legal duty or requirement for a participating platform to collect or remit transient occupancy taxes in a city, county, or city and county that is not a participating jurisdiction.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 7283.66 to the Revenue and Taxation Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
People who rent units for tourist or transient use through platforms have a reasonable expectation of privacy, as against public disclosure, in their rental of those units and in the personally identifiable information they provide to platforms in connection with those rentals. Limiting the disclosure of that personally identifiable information in any records obtained or generated by the Controller pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the privacy and confidentiality of that personally identifiable information.

Summary: Existing law authorizes a city, county, or city and county to impose taxes within its jurisdiction, as provided, including a transient occupancy tax. This bill would authorize a city, county, or city and county to elect to allow platforms, as defined, that elect to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of operators, to collect and remit those taxes to that city, county, or city and county, as specified. For cities, counties, and cities and counties that notify the Controller of their election by April 30, 2017, and for platforms that notify the Controller of their election by March 1, 2017, this collection and remittance would begin on July 1, 2017. For platforms and cities, counties, or cities and counties that provide notifications to the Controller after those dates, the collection and remittance would begin at least 6 months after notification, as specified. The bill would authorize a city, county, or city and county to discontinue an election and would make this discontinuance effective at least 6 months after notification to the Controller. The bill would also authorize a platform to discontinue its election, entirely or in part, effective as specified. This bill, by December 31, 2018, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the above-described provisions, would further require the Controller to submit a final report containing specific information to each city, county, or city and county in which the platform collected and remitted taxes, and would authorize the platform or the city, county, or city and county to appeal findings identified in the report, as provided. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

An act to add Chapter 1.1 (commencing with Section 7283.60) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to hosting platforms.


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

SECTION 1.
Section 19801 of the Business and Professions Code is amended to read:
19801.
The Legislature hereby finds and declares all of the following:
(a) State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions.
(b) The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation
which
that
was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California
,
and are entitled to full protection of the laws of this state.
(c) Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families.
(d) Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies.
(e) It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county.
(f) It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games.
(g) Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations.
(h) Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment.
(i) All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state.
(j) To ensure that gambling is conducted honestly, competitively, and free
of
from
criminal and corruptive elements, all licensed gambling establishments in this state
must
shall
remain open to the general
public
public,
and the access of the general public to licensed gambling activities
must
shall
not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing
herein
in this chapter
shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment.
(k) In order to effectuate state policy as declared
herein,
in this section,
it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right
therein or thereunder.
in that license, permit, or other approval or under this chapter.
(l) The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions.
(m) The exclusion or ejection of certain persons from gambling establishments is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling.
(n) Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions.

Summary: The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations. This bill would make technical, nonsubstantive changes to these provisions.

An act to amend Section 19801 of the Business and Professions Code, relating to gambling.


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

SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) In April 2007, the Sacramento Area Flood Control Agency (SAFCA) secured the support of property owners in the Sacramento region for the imposition of a special benefit assessment to fund the local share of the cost of the levee improvement projects along the American and Sacramento Rivers, including the Natomas Basin, and the project to modify Folsom Dam to provide the Sacramento region with at least a 200-year level of flood protection based on current estimates of the runoff likely to be produced by such a flood event. Later that year, the Legislature passed Senate Bill 276, enacted as Chapter 641 of the Statutes of 2007, which modified existing state authorizations for these projects in order to continue the historic federal-state-local cost-sharing partnership governing the projects and ensure that project construction could move forward as quickly as possible.
(b) Since 2007, more than one billion dollars ($1,000,000,000) in federal, state, and local funds has been expended on these projects in a manner that has substantially increased the ability of the existing flood control system to protect heavily urbanized areas within the City of Sacramento and the Counties of Sacramento and Sutter against very rare floods.
(c) Much of this work has occurred in the Natomas Basin where SAFCA, with the state’s financial assistance, has raised and strengthened about 18 miles of the most vulnerable segments of the perimeter levee system protecting the Natomas Basin. Because of changes in federal and state engineering standards since 2007, these improvements and the improvements needed for the remainder of the perimeter levee system have greatly exceeded the scope of the Natomas Levee Improvement Project set forth in the Final Engineer’s Report dated April 19, 2007, which governed SAFCA’s special benefit assessment proceedings and informed the Legislature’s accompanying project authorization.
(d) The full scope of the work necessary to provide the Natomas Basin with at least a 200-year level of flood protection is described in an engineering report prepared in 2010 by the United States Army Corps of Engineers (Corps) for the American River Watershed, Common Features Project, Natomas Basin. This report, which outlines the steps the Corps will take to complete the work in Natomas initiated by the state and SAFCA, was transmitted to Congress by the Chief of Engineers of the Corps in December 2010 and adopted by Congress as part of the Water Resources Reform and Development Act of 2014 (Public Law 113-121).
(e) Consistent with its historic practice of providing state approval for federally authorized projects affecting the State Plan of Flood Control, the Legislature has determined that modification of the 2007 state authorization for the Natomas Levee Improvement Project is warranted in order to enlarge the scope of the authorized project to match the federal authorization without altering the federal-state-local cost sharing made applicable to the project under the 2007 authorization.
SEC. 2.
Section 12670.14 of the Water Code is amended to read:
12670.14.
The following projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter are adopted and authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the department or the Central Valley Flood Protection Board:
(a) The project for flood control in the Natomas and North Sacramento areas adopted and authorized by Congress in Section 9159 of the Department of Defense Appropriations Act of 1993 (Public Law 102-396) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Investigation” dated July 1, 1992.
(b) The project for flood control along the American and Sacramento Rivers adopted and authorized by Congress in Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Project, California” dated June 27, 1996, as modified by Congress in Section 366 of the Water Resources Development Act of 1999 (Public Law 106-53), as further modified to include the project features necessary to provide a 200-year level of flood protection along the American and Sacramento Rivers and within the Natomas Basin as described in the Final Engineer’s Report dated April 19, 2007, adopted by the Sacramento Area Flood Control Agency, and as further modified by the 2010 final feasibility study for the American River Watershed, Common Features Project, Natomas Basin, adopted by Congress in Section 7002 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121).
(c) The project to modify Folsom Dam adopted and authorized by Congress in Section 101(a)(6) of the Water Resources Development Act of 1999 (Public Law 106-53), as described in the United States Army Corps of Engineers Supplemental Information Report for the American River Watershed Project, California, dated March 1996, as modified by the report entitled “Folsom Dam Modification Report, New Outlets Plan,” dated March 1998, prepared by the Sacramento Area Flood Control Agency, and as further modified by the Post-Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, adopted by Congress in Section 3029 of the Water Resources Development Act of 2007 (Public Law 110-114).
(d) (1) The project for flood control, environmental restoration, and recreation along south Sacramento County streams adopted and authorized by Congress in Section 101(a)(8) of the Water Resources Development Act of 1999 (Public Law 106-53) as described in the report of the Chief of Engineers entitled “South Sacramento County Streams, California” dated October 6, 1998.
(2) Notwithstanding Section 12657, at the discretion of the Central Valley Flood Protection Board, the Sacramento Area Flood Control Agency may provide, for the project described in paragraph (1), the assurances of local cooperation satisfactory to the Secretary of the Army, in accordance with Section 12657, in lieu of assurances by the Central Valley Flood Protection Board.

Summary: Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a 200-year level of flood protection in the Natomas Basin, in areas within the City of Sacramento and the Counties of Sacramento and Sutter. The projects are authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board, formerly known as the Reclamation Board. This bill would describe the Natomas Basin flood protection project as further modified by a specified report adopted by Congress. The bill would make technical, nonsubstantive changes.

An act to amend Section 12670.14 of the Water Code, relating to water resources.


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

SECTION 1.
Section 10159.5 of the Business and Professions Code is amended to read:
10159.5.
(a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with his or her application a certified copy of his or her fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7.
(2) A responsible broker may, by contract, permit a salesperson to do all of the following:
(A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name.
(B) Deliver to the bureau an application, signed by the responsible broker, requesting the bureau’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number.
(C) Pay for any fees associated with filing an application with a county or the bureau to obtain or use a fictitious business name.
(D) Maintain ownership of a fictitious business name, as defined in paragraph (2) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker.
(b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by his or her responsible broker.
(2) This section does not change a real estate broker’s duties under this division to supervise a salesperson.
(c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file his or her application in the county or counties where the fictitious business name will be used.
(d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, in a manner equally as prominent as the fictitious business name.
(e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name.
(f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor.
SEC. 2.
Section 10159.6 of the Business and Professions Code is amended to read:
10159.6.
All of the following apply to use of a team name, as defined in paragraph (5) of subdivision (a) of Section 10159.7:
(a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and “for sale” signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team.
(b) The responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials.
(c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker.
(d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor.
SEC. 3.
Section 10159.7 of the Business and Professions Code is amended to read:
10159.7.
(a) For the purposes of this article, the following definitions shall apply:
(1) “Responsible broker’s identity” means a name and the associated license identification number under which the responsible broker is currently licensed by the bureau and conducts business in general or is a substantial division of the real estate firm. Responsible broker’s identity does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6.
(2) “Fictitious business name” means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5.
(3) “Ownership of a fictitious business name” means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5.
(4) “Responsible broker” means the broker responsible for the exercise of control and supervision of salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection.
(5) “Team name” means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply:
(A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services.
(B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term “associates,” “group,” or “team.”
(C) The name does not include any term or terms, such as “real estate broker,” “real estate brokerage,” “broker,” or “brokerage” or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker.
(b) Nothing in this section changes a real estate broker’s duties under this division to supervise a salesperson.
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 ensure that the law regarding “team names” is applied consistently at the state and local level and that a “team name” does not constitute a fictitious business name for purposes of any law, it is necessary that this act take effect immediately.

Summary: Existing law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires an applicant who desires to have his or her license issued under a fictitious business name to file with his or her application a certified copy of his or her fictitious business name statement. Existing law authorizes a responsible broker, as defined, by contract, to permit a salesperson to apply for a fictitious business name with the appropriate county, and to maintain ownership of a fictitious business name. Existing law defines a team name and provides, for purposes of the provisions described above, that a team name is not a fictitious business name if specified criteria apply. This bill would provide that a team name is also not a fictitious business name for purposes of any other law or for purposes of filing a fictitious business name statement with an application as described above when the criteria apply. This bill would make technical and clarifying changes to the provisions described above. Existing law requires advertising and solicitation materials using a fictitious business name or that contain a team name to display the responsible broker’s identity, as provided. Existing law defines “responsible broker’s identity” to mean the name under which the responsible broker operates or conducts business. This bill would revise the definition of “responsible broker’s identity” to mean a name and the associated license identification number under which the responsible broker is currently licensed and conducts business in general or is a substantial division of the real estate firm and that does not include a fictitious business name or a team name, as specified. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 10159.5, 10159.6, and 10159.7 of the Business and Professions Code, relating to real estate licensees, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem.
(b) In its Supplemental Poverty Measure report for the year 2013, released in October 2014, the United States Census Bureau reported California’s rate of poverty to be 23.4%. This rate is the highest among all 50 states.
(c) Using census data released in September 2014, the California Budget Project reported that the economic recovery from the Great Recession has largely bypassed low- and middle-income Californians, with the bottom three-fifths of the income distribution experiencing stagnating income gains. This is contrasted with the top one-fifth of the income distribution experiencing gains of 52.4%.
(d) According to the Legislative Analyst’s Office (LAO), evidence from academic studies suggests that the federal Earned Income Tax Credit (EITC) increases paid work participation to be higher than if the federal EITC did not exist.
(e) The LAO further states that the federal EITC also reduces poverty to some extent for tens of millions of people.
(f) The federal EITC has historically had a high level of improper payments to people who claimed a bigger credit than that for which they were eligible. As the federal EITC is a proven antipoverty measure that encourages work, California should adopt its own version of the EITC that includes appropriate enforcement activities to reduce improper payments.
SEC. 2.
Section
17052.1
17052.3
is added to the Revenue and Taxation Code, to read:
17052.1.
17052.3.
(a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2023, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined by Section 17039, an amount computed by multiplying the federal earned income credit amount, as defined by subdivision (b), by 15 percent.
(b) (1) For purposes of this section, except as provided in paragraph (2), “federal earned income credit amount” means the amount determined under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240.
(2) For each taxable year beginning on or after January 1, 2017, and before January 1, 2023, the Franchise Tax Board shall recompute the amounts prescribed in Section
32(b)
32(b)(2)
of the Internal Revenue Code, relating to amounts, and Section 32(i) of the Internal Revenue Code, relating to denial of credit for individuals having excessive investment income. That computation shall be made as follows:
(A) The
California
Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current calendar year, no later than August 1 of the current calendar year.
(B) The Franchise Tax Board shall do both of the following:
(i) Compute an inflation adjustment factor by adding 100 percent to the percentage change figure that is furnished pursuant to subparagraph (A) and dividing the result by 100.
(ii) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in clause (i) and round off the resulting products to the nearest one dollar ($1).
(c) For purposes of this section, “qualified taxpayer” means an individual who is eligible for a credit, for federal income tax purposes, under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240, for the taxable year in which the credit allowed under this section is claimed, and who is legally working in the state and possesses a valid social security number, legal work authorization, or
taxpayer’s
taxpayer
identification number.
(d) Any simple error shall be treated as a mathematical error appearing on the return.
(e) (1) Except as provided in paragraph (2)
,
in the case where the credit allowed under this section exceeds
the
“net tax,” the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding taxable years, if necessary, until the credit is exhausted.
(2) If the amount allowable as a credit under this section exceeds the tax liability computed under this part, the excess shall be credited against other amounts due, if any, and the balance, if any, shall, upon appropriation by the Legislature, be paid from the General Fund and refunded to the qualified taxpayer.
(3) Any amount paid to a qualified taxpayer pursuant to this section shall not be included in income subject to tax under this part.
(f) The credit allowed by this section may be claimed only on a timely filed original return of the qualified taxpayer. The determinations of the Franchise Tax Board with respect to the date a return has been received by the Franchise Tax Board for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding.
(g) Notwithstanding any other law, and to the extent permitted by federal law, amounts paid pursuant to subdivision (e) shall be treated the same as the federal earned income credit amount for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.
(h) For purposes of this section, the Franchise Tax Board shall do the following:
(1) Administer enforcement activities to address improper payments.
(2) Collaborate with the Employment Development Department to develop criteria for, and a process to verify, taxpayer income information using wage and withholding data.
(3) Establish criteria for, and a process to identify, high-risk returns. High-risk returns may be subject to increased verification procedures and payments pursuant to this section may be suspended until the information is verified.
(4) (A) Notwithstanding Section 10231.5 of the Government Code, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, the Franchise Tax Board shall submit a report on the use of the credit described in subdivision (a) to the Legislature. The report shall include information regarding the eligibility for the credit, use of the credit, and information regarding improper payments.
(B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(i) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section.
(j) Section 41 does not apply to the credit allowed by this section.
(k) This section shall remain in effect only until December 1, 2023, and as of that date is repealed.
SEC. 3.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2023, would allow a credit to a qualified taxpayer, as defined, computed by multiplying the federal earned income credit amount, as defined, by 15. The bill would provide that the credit amount in excess of the qualified taxpayer’s liability would be paid to the qualified taxpayer upon appropriation by the Legislature. This bill would require the Franchise Tax Board to submit a report to the Legislature, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, regarding the credit, as provided. This bill would take effect immediately as a tax levy.

An act to add and repeal Section
17052.1
17052.3
of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


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

SECTION 1.
Section 352 of the Public Utilities Code is amended to read:
352.
The Independent System Operator may
not
only
enter into a multistate entity or a regional organization as authorized in Section 359
unless
if
that entry is approved by
the Oversight Board.
its governing board at a duly noticed public meeting.
SEC. 2.
Section 359 of the Public Utilities Code is amended to read:
359.
(a) It is the intent of the Legislature to provide for the evolution of the Independent System Operator
and the Power Exchange
into
a
regional
organizations
organization
to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers served by the Independent System Operator
and the Power Exchange
to those markets.
(b) The preferred means by which the voluntary evolution described in subdivision (a) should occur is through the adoption of a regional compact or other comparable agreement among cooperating party states, the retail customers of which states would reside within the geographic territories served by the Independent System
Operator and the Power Exchange.
Operator.
(c) The agreement described in subdivision (b) should provide for all of the following:
(1) An equitable process for the appointment or confirmation by party states of members of the governing
boards
board
of the Independent System
Operator and the Power Exchange.
Operator.
(2) A respecification of the size, structure, representation, eligible membership, nominating procedures, and member terms of service of the governing
boards
board
of the Independent System
Operator and the Power Exchange.
Operator.
(3) Mechanisms by which each party state, jointly or separately, can oversee effectively the actions of the Independent System Operator
and the Power Exchange
as those actions relate to the assurance of electricity system reliability within the party state and to matters that affect electricity sales to the retail customers of the party state or otherwise affect the general welfare of the electricity consumers and the general public of the party state.
(4) The adherence by publicly owned and investor-owned utilities located in party states to enforceable standards and protocols to protect the reliability of the interconnected regional transmission and distribution systems.
SECTION 1.
Part 3 (commencing with Section 13750) is added to Division 8 of the
Probate Code
, to read:
3.
Determination of Property Passing to Trustee of Recipient Trust Without Administration
1.
Definitions
13750.
For purposes of this part, both of the following definitions shall apply:
(a)“Pour-over will” means a devise by a will, including any codicils, of property to the trustee or trustees of a recipient trust.
(b)“Recipient trust” means a trust established as a revocable trust by a decedent during his or her lifetime, either alone or in conjunction with his or her spouse or registered domestic partner, and that is identified in the pour-over will.
2.
Court Order Determining Passage of Property to Trustee or Trustees of Recipient Trust
13751.
Subject to further requirements provided in this chapter, if a decedent dies testate and by his or her pour-over will devises some or all of his or her property to the trustee or trustees of a recipient trust, the trustee or trustees of that recipient trust, without procuring letters of administration, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust.
13752.
(a)The procedure provided by this chapter may be used only if:
(1)At least 40 days have elapsed since the death of the decedent.
(2)No proceeding is being or has been conducted for the probate administration of the decedent’s estate, either in this state or in any other jurisdiction.
(3)Except as provided in paragraph (4), the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will.
(4)(A)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions:
(i)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value for this purpose.
(ii)Part 2 (commencing with Section 13500), as determined by the petitioner.
(B)The court may rely on the petitioner’s representations concerning determinations made by the petitioner pursuant to this paragraph.
(b)The procedure provided by this chapter may be used for real or personal property of any amount or value, so long as the other requirements of this chapter are satisfied. The value of an individual item, or aggregate value of items, of property does not need to be included in the petition. An inventory and appraisal shall not be required for the property subject to the procedure provided by this chapter.
13753.
(a)The petition shall be verified by each petitioner, shall contain a request that the court make an order pursuant to this chapter that a particular item or items of the decedent’s property pass without administration to the petitioner as trustee or trustees of the recipient trust, and shall state all of the following:
(1)The facts necessary to determine that the petition is filed in the proper county.
(2)That at least 40 days have elapsed since the death of the decedent.
(3)That no proceeding is being or has been conducted for administration of the decedent’s estate, either in this state or in any other jurisdiction.
(4)The facts and the provision or provisions of the pour-over will upon which the petitioner bases the allegation that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust, including, but not limited to, the following:
(A)That the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will.
(B)Either of the following, as applicable:
(i)That there is no devise in the pour-over will other than to the trustee or trustees of the recipient trust.
(ii)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions:
(I)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, identified in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value.
(II)Part 2 (commencing with Section 13500), as determined by the petitioner.
(5)A description or descriptions of the particular item or items of the decedent’s property for which the petitioner requests an order pursuant to this chapter.
(6)The name, age, address, and relation to the decedent of each of the following:
(A)Heir and devisee of the decedent.
(B)Each person named as executor or alternate executor of the pour-over will.
(C)Each beneficiary of the recipient trust. For any future interests, this determination shall be made pursuant to subdivision (a) of Section 15804, so far as known to any petitioner.
(D)Each person named as trustee or successor trustee in the recipient trust.
(7)The name and address of any person serving as guardian of the estate or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner.
(b)A copy of the pour-over will shall be attached to, and filed in support of, the petition.
(c)A certification of trust for the recipient trust that satisfies the requirements of Section 18100.5 shall be attached to, and filed in support of, the petition.
13754.
Notice of hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13753.
13755.
If the requirements of this chapter are satisfied, the court shall issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. Each item of property shall be described in the order. The court shall not issue an omnibus order for final distribution pursuant to the procedure provided by this chapter.
13756.
(a)Except as provided in subdivision (b), upon becoming final, an order under this chapter that property passes without administration to the trustee or trustees of the recipient trust shall be conclusive on all persons.
(b)An order issued by the court pursuant to Section 13755 shall not preclude the filing of a petition pursuant to Section 17200.
13757.
The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by a private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute.
13758.
Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter.
3.
Liability for Debts of Decedent
13759.
Property transferred to the trustee or trustees of a recipient trust pursuant to an order issued under Section 13755 shall be subject to the payment of claims, debts, and expenses as provided in Part 8 (commencing with Section 19000) of Division 9.

Summary: The existing restructuring of the electrical industry within the Public Utilities Act provides for the establishment of an Independent System Operator and a Power Exchange as nonprofit public benefit corporations. Existing law requires the Independent System Operator to ensure efficient use and reliable operation of the electrical transmission grid consistent with achieving planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. An Electricity Oversight Board is also established to oversee the Independent System Operator and the Power Exchange in order to ensure the success of electrical restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. Existing law prohibits the Independent System Operator from entering into a multistate entity or regional organization unless the Independent System Operator receives approval from the Electricity Oversight Board. This bill would authorize the Independent System Operator to enter into a multistate entity or regional organization if that entry is approved by its governing board at a duly noticed public meeting. Existing law, relative to restructuring of the electrical industry, states the intent of the Legislature with respect to the evolution of the roles of the Independent System Operator and Power Exchange, including to evolve into regional organizations to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers serviced by the Independent System Operator and the Power Exchange to those markets. This bill would delete references to the Power Exchange in the above-described statement of Legislative intent. Existing law provides for the disposition of a testator’s property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person, commonly referred to as a pour-over will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. Existing law establishes simplified procedures for addressing a decedent’s estate valued under $150,000, including authorizing the successor of the decedent to collect property due to the decedent without letters of administration or awaiting probate of a will. This bill would establish simplified procedures for the distribution of property, real or personal property of any amount or value, devised by a will to the trustee or trustees of a recipient trust, as defined, without procuring letters of administration. The bill would authorize the trustee or trustees of a recipient trust to file a verified petition setting forth specified facts in the superior court of the county in which the estate of the decedent may be administered, and would authorize the court to issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. The bill would require attorneys’ fees for services performed in connection with these provisions to be determined by a private agreement between the attorney and the client, and would specify that attorneys’ fees are not subject to approval by the court.

An act to add Part 3 (commencing with Section 13750) to Division 8 of the Probate Code, relating to decedent’s estates.
An act to amend Sections 352 and 359 of the Public Utilities Code, relating to electricity.


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

SECTION 1.
Section 25150.7 of the Health and Safety Code is amended to read:
25150.7.
(a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes.
(b) For purposes of this section, the following definitions shall apply:
(1) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) “Wood preserving industry” means business concerns, other than retailers, that manufacture or sell treated wood products in the state.
(c) This section applies only to treated wood waste that, solely due to the presence of a preservative in the wood, is a hazardous waste and to which both of the following requirements apply:
(1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act.
(2) Section 25143.1.5 does not apply to the treated wood waste.
(d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste.
(2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements:
(A) Manage the treated wood waste to prevent scavenging.
(B) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f).
(C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release.
(e) (1) Each wholesaler and retailer of treated wood and treated wood-like products in this state shall conspicuously post information at or near the point of display or customer selection of treated wood and treated wood-like products used for fencing, decking, retaining walls, landscaping, outdoor structures, and similar uses. The information shall be provided to wholesalers and retailers by the wood preserving industry in 22-point type, or larger, and contain the following message:

Warning—Potential Danger

These products are treated with wood preservatives registered with the United States Environmental Protection Agency and the California Department of Pesticide Regulation and should only be used in compliance with the product labels.
This wood may contain chemicals classified by the State of California as hazardous and should be handled and disposed of with care. Check product label for specific preservative information and Proposition 65 warnings concerning presence of chemicals known to the State of California to cause cancer or birth defects.
Anyone working with treated wood, and anyone removing old treated wood, needs to take precautions to minimize exposure to themselves, children, pets, or wildlife, including:

□Avoid contact with skin. Wear gloves and long sleeved shirts when working with treated wood. Wash exposed areas thoroughly with mild soap and water after working with treated wood.

□Wear a dust mask when machining any wood to reduce the inhalation of wood dusts. Avoid frequent or prolonged inhalation of sawdust from treated wood. Machining operations should be performed outdoors whenever possible to avoid indoor accumulations of airborne sawdust.

□Wear appropriate eye protection to reduce the potential for eye injury from wood particles and flying debris during machining.

□If preservative or sawdust accumulates on clothes, launder before reuse. Wash work clothes separately from other household clothing.

□Promptly clean up and remove all sawdust and scraps and dispose of appropriately.

□Do not use treated wood under circumstances where the preservative may become a component of food or animal feed.

□Only use treated wood that’s visibly clean and free from surface residue for patios, decks, or walkways.

□Do not use treated wood where it may come in direct or indirect contact with public drinking water, except for uses involving incidental contact such as docks and bridges.

□Do not use treated wood for mulch.

□Do not burn treated wood. Preserved wood should not be burned in open fires, stoves, or fireplaces.

For further information, go to the Internet Web site http://www.preservedwood.org and download the free Treated Wood Guide mobile application.

In addition to the above listed precautions, treated wood waste shall be managed in compliance with applicable hazardous waste control laws.
(2) On or before July 1, 2005, the wood preserving industry shall, jointly and in consultation with the department, make information available to generators of treated wood waste, including fencing, decking, and landscape contractors, solid waste landfills, and transporters, that describes how to best handle, dispose of, and otherwise manage treated wood waste, through the use either of a toll-free telephone number, Internet Web site, information labeled on the treated wood, information accompanying the sale of the treated wood, or by mailing if the department determines that mailing is feasible and other methods of communication would not be as effective. A treated wood manufacturer or supplier to a wholesaler or retailer shall also provide the information with each shipment of treated wood products to a wholesaler or retailer, and the wood preserving industry shall provide it to fencing, decking, and landscaping contractors, by mail, using the Contractors’ State License Board’s available listings, and license application packages. The department may provide guidance to the wood preserving industry, to the extent resources permit.
(f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
(2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following:
(A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste.
(B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, “approved uses” means a use approved at the time the treated wood waste is reused.
(C) Treated wood waste is managed in accordance with all applicable laws.
(D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements.
(E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste.
(F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste.
(g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter.
(2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter.
(h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect.
(i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law.
(j) (1) On or before January 1, 2018, the department shall prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report on the compliance with, and implementation of, this section. The report shall include, but not be limited to, all of the following:
(A) Data, and evaluation of that data, on the rates of compliance with this section and injuries associated with handling treated wood waste based on department inspections of treated wood waste generator sites and treated wood waste disposal facilities. To gather data to perform the required evaluation, the department shall do all of the following:
(i) The department shall inspect representative treated wood waste generator sites and treated wood waste disposal facilities, which shall not to be less than 25 percent of each.
(ii) The department shall survey and otherwise seek information on how households are currently handling, transporting, and disposing of treated wood waste, including available information from household hazardous waste collection facilities, solid waste transfer facilities, solid waste disposal facility load check programs, and CUPAs.
(iii) The department shall, by survey or otherwise, seek data to determine whether sufficient information and convenient collection and disposal options are available to household generators of treated wood waste.
(B) An evaluation of the adequacy of protective measures taken in tracking, handling, and disposing of treated wood waste.
(C) Data regarding the unauthorized disposal of treated wood waste at disposal facilities that have not been approved for that disposal.
(D) Conclusions regarding the handling of treated wood waste.
(E) Recommendations for changes to the handling of treated wood waste to ensure the protection of public health and the environment.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code.
(k) This section shall become inoperative on December 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed.
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 requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products. Existing law requires these wholesalers and retailers to conspicuously post the information at or near the point of display or customer selection of treated wood and wood-like products, as specified. This bill would update the information required to be posted by wholesalers and retailers of treated wood and treated wood-like products. Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste, subject to specified limitations. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revised. A violation of the state’s hazardous waste control laws is a crime. This bill would remove those limitations for treated wood waste regulations adopted by the department, would extend the operation of these provisions regarding treated wood waste to December 31, 2020, and would repeal the language concerning the continued operation of treated wood waste regulations. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste. 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 25150.7 of the Health and Safety Code, relating to hazardous waste.


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

SECTION 1.
Section 1271.5 is added to the Penal Code, to read:
1271.5.
(a) Notwithstanding any other law, upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate shall hold the hearing described in subdivision (f) and order that, pending trial, the person be one of the following:
(1) Released on his or her own recognizance or upon execution of an unsecured appearance bond, pursuant to subdivision (b).
(2) Released on a condition or combination of conditions, pursuant to subdivision (c).
(3) Temporarily detained to permit revocation of conditional release, probation, parole, or postrelease community supervision pursuant to subdivision (d).
(4) Detained pursuant to subdivision (e).
(b) The court or magistrate shall order the pretrial release of the person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release unless, after a hearing held pursuant to subdivision (f), the court or magistrate determines that release pursuant to this subdivision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.
(c) (1) If, after a heafety, maintain employment, or, if unemployed, actively seek employment.
(iii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain or commence an educational program.
(iv) Abide by specified restrictions on personal associations, place of abode, or travel.
(v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense.
(vi) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency.
(vii) Comply with a specified curfew.
(viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon.
(ix) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in Section 11007 of the Health and Safety Code, without a prescription by a licensed medical practitioner.
(x) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose.
(xi) Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required.
(xii) Execute a bail bond with solvent sureties, who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required. In determining the amount required, the court or magistrate shall consider the person’s ability to pay.
(xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes.
(xiv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
(2) In a case in which the defendant is charged with sexual assault, as defined in paragraph (3) of subdivision (b) of Section 13750, of a minor or failure to register pursuant to Section 290, release pursuant to this subdivision shall contain, at a minimum, a condition of electronic monitoring and the conditions specified in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), if the imposition of those conditions is reasonable and necessary to protect public safety in that case.
(3) The court or magistrate shall not impose a financial condition to secure the pretrial detention of the person unless that condition is required to assure the appearance of the person pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph (1).
(4) The court or magistrate may, at any time, amend the order to release a person pursuant to this subdivision to impose additional or different conditions.
(d) (1) The court or magistrate shall order the detention of the person, for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state, or local law enforcement official, if the court or magistrate determines both of the following:
(A) The person is, and was at the time the offense was committed, on any of the following:
(i) Release pending trial for a felony under federal, state, or local law.
(ii) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law.
(iii) Conditional release, probation, postrelease community supervision, or parole for any offense under federal, state, or local law.
(B) The person may flee or pose a danger to any other person or the community.
(2) If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the other provisions of this section.
(e) If, after a hearing pursuant to subdivision (f), the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except in cases in which bail is required pursuant to Section 12 or paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution, in which case the court or magistrate shall set bail in accordance with other provisions of this chapter.
(f) (1) The court or magistrate shall hold a hearing to determine if release on his or her own recognizance, release upon execution of an unsecured appearance bond, or release with any condition or combination of conditions described in paragraph (1) of subdivision (c) will reasonably assure the appearance of such person as required and the safety of any other person and the community.
(2) (A) The hearing shall be held immediately upon the person’s first appearance before the court or magistrate unless the person, or the district attorney, seeks a continuance.
(B) A continuance on motion of the district attorney shall not exceed three court days.
(3) At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed.
(4) The facts the court or magistrate uses to support a finding described in subdivision (e) shall be stated on the record.
(5) The hearing may be reopened, before or after a determination by the court or magistrate, at any time before trial if the court or magistrate finds that information exists that was not known to the movant at the time of the hearing and that information has a material bearing on the issue whether there is a condition or combination of conditions that will reasonably assure the appearance of such person as required and the safety of any other person and the community.
(g) Notwithstanding any other law, the court or magistrate shall, in determining whether there is a condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning all of the following:
(1) The nature and circumstances of the offense charged, including, but not limited to, whether the offense is a crime of violence or involved a minor victim or a controlled substance, firearm, explosive, or destructive device.
(2) The weight of the evidence against the person.
(3) The history and characteristics of the person, including both the following:
(A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings.
(B) Whether, at the time of the current offense or arrest, the person was on probation, postrelease community supervision, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law.
(4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.
(h) An order issued pursuant to subdivision (b) or (c) shall include a written statement that sets forth all the conditions to which the person is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct and all of the following advisements:
(1) The penalties for violating a condition imposed in the order, including the penalties for committing an offense while released prior to trial.
(2) The consequences of violating a condition imposed in the order, including the immediate issuance of a warrant for the person’s arrest.
(3) Applicable penalties relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, tampering with a witness, victim, or an informant, and retaliating against a witness, victim, or an informant.
(i) A detention order issued pursuant to subdivision (e) shall include written findings of fact and a written statement of the reasons for the detention, direct that the person be committed to a county jail separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and direct that the person be afforded reasonable opportunity for private consultation with counsel.
(j) For purposes of this section, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court using its discretion, if he or she fails to appear as promised.
SECTION 1.
Section 13557.5 is added to the
Water Code
, to read:
13557.5.
(a)The Legislature hereby finds and declares that, except in compliance with the provisions of this section, it is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available to the supplier or district for groundwater recharge, surface water augmentation, or landscape irrigation.
(b)On or before January 1, 2020, the state board shall promulgate regulations to require both of the following:
(1)On or before January 1, 2023, each holder of an NPDES permit to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls.
(2)On or before January 1, 2033, the beneficial reuse of at least 50 percent of treated wastewater that the NPDES permitholder would otherwise discharge through ocean or bay outfalls relative to the inflow to the treatment plant.
(c)The regulations promulgated pursuant to subdivision (b) shall provide operational and compliance flexibility in the event of an emergency, scheduled maintenance or repairs, extreme weather events, or any other factor that the board determines warrants consideration.
(d)In developing the regulations pursuant to subdivision (b), the state board may convene an advisory group for the purpose of preparing a report or recommendations to the state board about how to implement this section and the state board may consider any other recommendations or testimony provided during the regulation adoption process.
(e)Consistent with Section 3 of Article XIII A of the California Constitution, the state board may adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering this section.

Summary: Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole. The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met. Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50 of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.

An act to add Section
13557.5 to the Water Code, relating to water.
1271.5 to the Penal Code, relating to bail.