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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California is experiencing a housing crisis throughout the state.
(b) The preservation of affordable housing options and the need to create more housing opportunities requires increased funding and policy changes.
(c) Mobilehome parks are community-based, affordable housing options important to many residents in our state.
(d) Local governments need tools to ensure mobilehome parks remain available as affordable hosing options.
(e) Current policy barriers inhibit local control on mobilehome parks.
(f) It is necessary to provide local governments with tools to preserve affordable mobilehome parks in their communities.
SEC. 2.
Section 798.17 of the Civil Code is repealed.
798.17.
(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any.
(2)In the first sentence of the first paragraph of a rental agreement entered into on or after January 1, 1993, pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent.
(b)Rental agreements subject to this section shall meet all of the following criteria:
(1)The rental agreement shall be in excess of 12 months’ duration.
(2)The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner.
(3)The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement.
(4)The homeowner who signs a rental agreement pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(5)The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(c)If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant to subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement.
(d)Nothing in subdivision (c) shall be construed to prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section.
(e)With respect to any space in a mobilehome park that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a park space that is exempt under subdivision (a) imposed pursuant to any ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof.
(f)At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of receipt of an executed copy of the rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner.
(g)No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner.
(h)This section does not apply to or supersede other provisions of this part or other state law.
SECTION 1.
Section 798.17.5 is added to the
Civil Code
, to read:
798.17.5.
Notwithstanding Section 798.17, with respect to mobilehome park rents within its territorial jurisdiction, the legislative body of a local governmental entity may enact a rent control ordinance for a mobilehome park where the vacancy rate exceeds ____ percent for a period of ____ months or where the rent charged to mobilehome park residents exceeds ____ percent of the average rents for mobilehome park residents within a ____ mile radius of that park.

Summary: The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and exempts a rental agreement that satisfies specified criteria criteria, including that it be in excess of 12-months’ duration, from any ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount a landlord may charge a tenant for rent. This bill would authorize the legislative body of a local governmental entity to enact a rent control ordinance for a mobilehome park within its jurisdiction when the vacancy rate in the park meets or exceeds an unspecified percentage over a certain period or where the rent charged to mobilehome park residents exceeds an unspecified percent of the average rents for mobilehome park residents within an unspecified radius of the park. repeal these provisions. The bill would make a statement of legislative findings.

An act to
add Section 798.17.5 to
repeal Section 798.17 of
the Civil Code, relating to mobilehome parks.


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

SECTION 1.
Section 1841 of the Water Code is amended to read:
1841.
(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use,
if the registered use is year-round,
or certification for livestock stockpond
use.
use, if the certified use is year-round.
(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
SECTION 1.
Section 1840 of the
Water Code
is amended to read:
1840.
(a)(1)Except as provided in subdivision (b), a person who, on or after January 1, 2018, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:
(A)A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.
(B)In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:
(i)Electricity records dedicated to a pump and recent pump test.
(ii)Staff gage calibrated with an acceptable streamflow rating curve.
(iii)Staff gage calibrated for a flume or weir.
(iv)Staff gage calibrated with an acceptable storage capacity curve.
(v)Pressure transducer and acceptable storage capacity curve.
(2)The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.
(b)(1)The board may modify the requirements of subdivision (a) upon finding either of the following:
(A)That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.
(B)That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.
(2)The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or more if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.
(c)At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:
(1)The quantity of water diverted by month.
(2)The maximum rate of diversion by months in the preceding calendar year.
(3)The information required by subdivision (a), if applicable.
(d)Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.

Summary: Existing law authorizes the State Water Resources Control Board to adopt regulations requiring measurement and reporting of water diversion and use by persons including, among others, those authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or a certification for livestock stockpond use. This bill would restrict the state board’s authorization to adopt regulations requiring measurement and reporting of water diversion and use by persons authorized to appropriate water under a registration or certification to uses that are year-round. Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions. This bill would delay those requirements for 2 years.

An act to amend Section
1840
1841
of the Water Code, relating to water.


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

SECTION 1.
The Legislature finds and declares the following:
(a) Existing law, Section 1940.8.5 of the Civil Code, requires a landlord or his or her agent who applies pesticide in certain ways to a dwelling unit or common area without a licensed pest control operator to provide to tenants of potentially affected units written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to the pesticide application.
(b) It is the intent of this bill, therefore, that when pesticides are about to be applied to the separate interests or to the common areas of a common interest development either by the homeowner association or by one of its agents rather than by a licensed pest control operator, that the owners and, if applicable, tenants of the separate interests and the owners and, if applicable, tenants of adjacent separate units that could reasonably be impacted by the pesticide be provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a licensed pest control operator.
SEC. 2.
Section 4777 is added to the Civil Code, to read:
4777.
(a) For the purposes of this section:
(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.
(3) “Broadcast application” means spreading pesticide over an area greater than two square feet.
(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery.
(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.
(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:

CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”

(D) The approximate date, time, and frequency with which the pesticide will be applied.
(E) The following notification:
“The approximate date, time, and frequency of this pesticide application is subject to change.”
(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1).
(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.
(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied.
(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to a tenant 18 years of age or older.
(C) Electronic delivery, if an electronic mailing address has been provided by the tenant.
(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used.
(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice.
(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
(6) A copy of a written notice provided pursuant paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.

Summary: Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managed by associations. Existing law generally provides that an association is responsible for maintaining common areas in the development and owners of separate interests are responsible for their interests. Existing law permits an association to require the removal of an occupant of a separate interest for those times and periods as may be necessary for the effective treatment of wood-destroying pests. Existing law generally requires a landlord or his or her authorized agent to provide notice to tenants, and under certain circumstances tenants of adjacent units, of the use of pesticides at the tenant’s dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator. This bill would require a common interest development association or its authorized agent to provide notice to an owner and, if applicable, a tenant of a separate interest, and under certain circumstances to owners and, if applicable, tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator to a separate interest or to a common area. The bill would prescribe the contents of the notice and how it is to be provided. The bill would authorize an owner or tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance. The bill would also permit the notice to be posted, as specified, after the pesticide application if the pest poses an imminent threat to health and safety.

An act to add Section 4777 to the Civil Code, relating to common interest developments.


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

SECTION 1.
It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them.
SEC. 2.
Article 15.1 (commencing with Section 8332) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:
Article  15.1. Individualized County of Santa Clara Child Care Subsidy Plan
8332.
The County of Santa Clara may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Santa Clara are used to address local needs, conditions, and priorities of working families in the community.
8332.1.
For purposes of this article, “county” means the County of Santa Clara.
8332.2.
(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8332, which includes all of the following:
(1) An assessment to identify the county’s goals for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
(B) The current supply of available subsidized child care.
(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
(D) The county’s self-sufficiency income level.
(E) Income eligibility levels for subsidized child care.
(F) Family fees.
(G) The cost of providing child care.
(H) The regional market rates, as established by the department, for different types of child care.
(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
(J) Trends in the county’s unemployment rate and housing affordability index.
(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.
(B) The local policy shall do all of the following:
(i) Prioritize lowest income families first.
(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
(iii) Meet local goals that are consistent with the state’s child care goals.
(iv) Identify existing policies that would be affected by the county’s plan.
(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy.
(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8332.3.
(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy.
(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
(iii) Reimbursement rates.
(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan.
(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system.
(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
8332.3.
(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Santa Clara shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review.
(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan.
(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law.
8332.4.
The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8332.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2015–16 fiscal year.
8332.5.
(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
8332.6.
A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.
8332.7.
This article shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Santa Clara, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Santa Clara proper access to child care through an individualized county child care subsidy plan.

Summary: The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of Alameda, as a pilot project, to develop an individualized county child care subsidy plan, as provided. This bill would authorize, until January 1, 2022, the County of Santa Clara to develop and implement an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Santa Clara County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Santa Clara to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara.

An act to add and repeal Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services.


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

SECTION 1.
Article 2 (commencing with Section 18706) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read:
Article  2. Special Olympics Fund
18706.
(a) Any individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Special Olympics Fund established by Section 18707 to be used by the Special Olympics Northern California and the Special Olympics Southern California.
(b) The contribution shall be in full dollar amounts and may be made individually by each signatory on the joint return.
(c) A designation under subdivision (a) shall be made for any taxable year on the original return for that taxable year, and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made.
(d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Special Olympics Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to conduct the activities of the Special Olympics Northern California and the Special Olympics Southern California in support of children and adults with intellectual disabilities.
(2) Notwithstanding paragraph (1), a voluntary contribution designation for the Special Olympics Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first.
(e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a).
18707.
There is hereby established in the State Treasury the Special Olympics Fund to receive contributions made pursuant to Section 18706. The Franchise Tax Board shall notify the Controller of both the amount of money paid by taxpayers in excess of their tax liability and the amount of refund money that taxpayers have designated pursuant to Section 18706 to be transferred to the Special Olympics Fund. The Controller shall transfer from the Personal Income Tax Fund to the Special Olympics Fund an amount not in excess of the sum of the amounts designated by individuals pursuant to Section 18706 for payment into that fund.
18708.
All moneys transferred to the Special Olympics Fund pursuant to Section 18707, upon appropriation by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article.
(b) To the State Department of Social Services where the balance shall be disbursed between the Special Olympics Northern California and the Special Olympics Southern California based on the amount of donations provided by taxpayers in each organization’s jurisdiction based on the county of the taxpayer contributing, for the purpose of supporting children and adults with intellectual disabilities. The State Department of Social Services shall be responsible for overseeing that disbursement and may use up to 3 percent of the moneys allocated to it for administrative costs. The Special Olympics Northern California and the Special Olympics Southern California shall not use the moneys received pursuant to this article for administrative costs.
(c) The Special Olympics Northern California and the Special Olympics Southern California shall annually provide a report to the State Department of Social Services that includes documentation that the moneys disbursed to each organization pursuant to this section were not used for administrative costs nor for any purposes outside of California and that describes in narrative form the amount of moneys received pursuant to this section and the purposes for which the moneys were expended.
18709.
(a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Special Olympics Fund on the personal income tax return, and is repealed as of December 1 of that year.
(b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Special Olympics Fund appears on the tax return, the Franchise Tax Board shall do both of the following:
(A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year.
(B) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year.
(3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Special Olympics Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the third calendar year after the first appearance of the Special Olympics Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.

Summary: Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of various funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. This bill would allow a taxpayer to designate an amount in excess of personal income tax liability to be deposited to the Special Olympics Fund, which the bill would create. The bill would require moneys transferred to the Special Olympics Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the State Department of Social Services for disbursement to the Special Olympics Northern California and the Special Olympics Southern California for the purpose of funding activities of the Special Olympics in support of children and adults with intellectual disabilities, as provided. The bill would authorize the State Department of Social Services to use up to 3 of the moneys allocated to it for administrative costs. The bill would require the Special Olympics Northern California and the Special Olympics Southern California to annually provide a report to the State Department of Social Services regarding the expenditure of the moneys disbursed to each organization, as specified.

An act to add and repeal Article 2 (commencing with Section 18706) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
Section 31494.2 of the Government Code is amended to read:
31494.2.
(a) A general member whose benefits are governed by Retirement Plan D may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan E. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (d). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of this article on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan D.
(b) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan E pursuant to this section and his or her survivors or beneficiaries shall receive retirement, survivors’, and other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan D had the member remained a member of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D. Except as otherwise provided in this section, the calculation of the member’s, survivors’, or beneficiaries’ benefits under each plan shall be subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum retirement age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both retirement plans shall be taken into account for the purpose of determining eligibility for and vesting of benefits under each plan.
(c) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E:
(1) A member who has transferred to Retirement Plan E pursuant to this section may not retire for disability and receive disability retirement benefits under Retirement Plan D.
(2) If a member who has transferred to Retirement Plan E pursuant to this section dies prior to retirement, that member’s survivor or beneficiary may not receive survivor or death benefits under Retirement Plan D but shall receive a refund of the member’s contributions to Retirement Plan D together with all interest credited thereto.
(d) As used in this section:
(1) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(2) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(3) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(4) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(e) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 2.
Section 31494.5 of the Government Code is amended to read:
31494.5.
(a) A general member whose benefits are governed by Retirement Plan E may, during a period of active employment, elect to change plan membership and become a member, prospectively, in Retirement Plan D. The election shall be made upon written application signed by the member and filed with the board, pursuant to enrollment procedures and during an enrollment period established by the board, which enrollment period shall not occur more frequently than once every three years for that member. The change in plan membership shall be effective as of the transfer date, as defined in subdivision (g). Except as otherwise provided in this section, the rights and obligations of a member who elects to change membership under this section shall be governed by the terms of Retirement Plan D on and after the transfer date. Prior to the transfer date, the rights to retirement, survivors’, or other benefits payable to a member and his or her survivors or beneficiaries shall continue to be governed by Retirement Plan E.
(b) If a member has made the election to change plans under subdivision (a), monthly contributions by the member and the employer under the terms of Retirement Plan D shall commence as of the transfer date. For the purposes of calculating the member’s contribution rate under Retirement Plan D, his or her entry age shall be deemed to be his or her age at his or her birthday nearest the transfer date; however, if the member exchanges service credit in accordance with subdivision (c), with regard to contributions made for periods after that exchange, his or her entry age shall be adjusted and deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D, taking into account service purchased under subdivision (c). In no event shall the exchange of service under subdivision (c) affect the entry age with respect to, or the cost of, employee contributions made, or service purchased, prior to the exchange.
(c) (1) A general member who has elected to change plans under subdivision (a) also may elect to exchange, at that time or any time thereafter, but prior to the earlier of his or her application for retirement, termination from employment, or death, some portion designated in whole-month increments, or all of the service credited under Retirement Plan E for an equivalent amount of service credited under Retirement Plan D, provided, however, that the member may not exchange less than 12 months’ service or, if less, the total service credited under Retirement Plan E. The exchange shall be effective on the date when the member completes the purchase of that service by depositing in the retirement fund, by lump sum or regular monthly installments, over the period of time determined by a resolution adopted by a majority vote of the board of retirement, or both, but in any event prior to the earlier of his or her death or the date that is 120 days after the effective date of his or her retirement, the sum of: (1) the contributions the member would have made to the retirement fund under Retirement Plan D for that length of time for which the member shall receive credit as service under Retirement Plan D, computed in accordance with the rate of contribution applicable to the member under Retirement Plan D, based upon his or her entry age, and in the same manner prescribed under Retirement Plan D as if that plan had been in effect during the period for which the member shall receive service credit, and (2) the regular interest thereon.
(2) For the purposes of this subdivision, a member’s entry age shall be deemed to be the member’s age at his or her birthday nearest the date on which begins the most recent period of unbroken service credited under Retirement Plan D following completion of the service exchange under this subdivision. A member may receive credit for a period of service under only one plan and in no event shall a member receive credit for the same period of service under both Retirement Plan D and Retirement Plan E.
(3) A member who fails to complete the purchase of service as required under this subdivision shall be treated as completing an exchange of service under Retirement Plan E for an equivalent amount of service under Retirement Plan D only with regard to the service that actually has been purchased through completed deposit with the retirement fund of the requisite purchase amount, calculated in accordance with this subdivision.
(d) Except as otherwise provided in this section, effective as of the transfer date, a member who has transferred to Retirement Plan D pursuant to this section and his or her survivors or beneficiaries shall receive retirement, disability, survivors’, death, or other benefits that shall consist of: (1) the benefits to which they are entitled under the terms of Retirement Plan D, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan D, and (2) the benefits to which they would have been entitled under the terms of Retirement Plan E had the member remained a member of Retirement Plan E, but based on the member’s service credited only under that plan, and payable at the time and in the manner provided under Retirement Plan E. Except as otherwise provided in this section, the calculation of the portion of a member’s or beneficiary’s benefit that is attributable to each plan is subject to that plan’s respective, separate terms, including, but not limited to, the definitions of “final compensation” and provisions establishing cost-of-living adjustments, establishing minimum age and service requirements, and governing integration with federal social security payments. Notwithstanding the foregoing, the aggregate service credited under both Retirement Plan D and Retirement Plan E shall be taken into account for the purpose of determining eligibility for, and vesting of, benefits under each plan.
(e) Notwithstanding any other provision of Retirement Plan D or Retirement Plan E, a member who transfers into Retirement Plan D under this section may retire for service-connected or nonservice-connected disability and receive disability benefits under Retirement Plan D only if he or she has either (1) completed two continuous years of active service after his or her most recent transfer date, or (2) earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date. Notwithstanding any other provision to the contrary, a member who becomes disabled and does not meet either of these conditions (1) may apply for and receive only a deferred or service retirement allowance, or (2) may elect to transfer prospectively back to Retirement Plan E, and for the purposes of calculating his or her retirement benefits under this section, shall in lieu of credit under Retirement Plan D be credited with service under Retirement Plan E as provided under subdivision (g) of Section 31488 during any period he or she is totally disabled and is receiving, or eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer up to the earlier of the date he or she retires or no longer qualifies for disability benefits. If a member dies before he or she is eligible to retire and before completing either two continuous years of active service after the transfer date into Retirement Plan D or after earning five years of retirement service credit under Retirement Plan D after that transfer date, that member’s beneficiary shall not be entitled to the survivor allowance under Section 31781.1 or 31781.12, if operative.
(f) Notwithstanding any other provisions of Retirement Plan D or Retirement Plan E, a member who has transferred to Retirement Plan D pursuant to this section and who retires for disability when eligible under this section and Retirement Plan D, may not also retire for service and receive service retirement benefits under Retirement Plan E. However, for the purpose of calculating disability benefits under Retirement Plan D, the “sum to which he or she would be entitled as service retirement” or his or her “service retirement allowance,” as those terms are used in Sections 31726, 31726.5, and 31727.4, shall consist of the blended benefit to which the member would be entitled under subdivision (d) if he or she retired for service, not just the service retirement benefit to which he or she would be entitled under Retirement Plan D.
(g) As used in this section:
(1) “Active service” means time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease. The board of retirement shall determine whether or not a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease, and thus excluded from the member’s active service, based upon evidence presented by the employer and the member upon request by the board.
(2) “Entry age” means the age used for calculating the normal rate of contribution to Retirement Plan D with respect to a member who has transferred membership to Retirement Plan D under this section.
(3) “Period of active employment” means a period during which the member is actively performing the duties of a full-time or part-time employee position or is on any authorized paid leave of absence, except a leave of absence during which the member is totally disabled and is receiving, or is eligible to receive, disability benefits, either during or after any elimination or qualifying period, under a disability plan provided by the employer.
(4) “Retirement Plan D” means the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive.
(5) “Retirement Plan E” means the noncontributory retirement plan established under this article.
(6) “Transfer date” means the first day of the first month that is at least 30 days after the date that the application is filed with the board to change plan membership under subdivision (a).
(h) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative in the county.
SEC. 3.
Section 31495.7 is added to the Government Code, to read:
31495.7.
Section 31835.1 applies to a member eligible to retire at 55 years of age pursuant to Section 31491. This section is declaratory of existing law.
SEC. 4.
Section 31520.6 is added to the Government Code, to read:
31520.6.
Notwithstanding any provision to the contrary in Section 31520.3 or 31520.5, in any county in which there is an alternate retired member, if the eighth member is present, the alternate retired member may also vote as a member of the board in the event both the second and third, or both the second and seventh, or both the third and seventh members are absent for any cause.
SEC. 5.
Section 31526 of the Government Code is amended to read:
31526.
The regulations shall include provisions:
(a) For the election of officers, their terms, meetings, and all other matters relating to the administrative procedure of the board.
(b) For one of the following:
(1) The filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board.
(2) In lieu of a sworn statement, the submission by the member’s employer to the retirement association of the information otherwise required in paragraph (1), in a form determined by the retirement association.
(c) For forms of annuity certificates and other forms as required.

Summary: The County Employees Retirement Law of 1937 (CERL) establishes retirement plans, known as Retirement Plan D and Retirement Plan E, that are applicable in the retirement system in Los Angeles County and prescribes procedures for members to transfer between those plans. CERL defines “Retirement Plan E” to mean the noncontributory retirement plan established by specific provisions, and defines “Retirement Plan D” to mean the contributory retirement plan otherwise available to new members of the retirement system on the transfer date. This bill would revise the definition of Retirement Plan D to, instead, refer to the contributory retirement plan otherwise available to members of the system between June 1, 1979, and December 31, 2012, inclusive. CERL provides for the retirement system in Los Angeles County specific ages and pension allowances for normal and early retirement. Under CERL, a member of a CERL retirement system who is eligible to retire at 50 years of age pursuant to specified statute, or who is required to retire because of age while a member of the Public Employees’ Retirement System (PERS), a CERL retirement system in another county, the State Teachers’ Retirement System (STRS), or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, but who cannot retire concurrently from PERS, a CERL retirement system in another county, STRS, or a retirement system of any other public agency of the state that has established reciprocity with PERS subject to certain conditions, is entitled to have final compensation and service determined under specific statutes as if the member had retired concurrently under that other system . Provisions of CERL specifically applicable to Los Angeles County, among other things, apply reciprocal benefits, including the concurrent retirement exception, to the retirement system in Los Angeles County. This bill would amend provisions of CERL specifically applicable to Los Angeles County to provide that the concurrent retirement exception applies to a member of the retirement system in Los Angeles County eligible to retire at 55 years of age and would state that the amendment is declaratory of existing law. CERL sets forth the membership composition for boards of retirement, as specified. Under that law, the retirement board in specified counties is comprised of 9 members and an alternate member, as specified. That law also authorizes specified counties to appoint an alternate retired member to the office of the 8th member of the board and authorizes the alternate retired member to vote as a member of the board only in the event the 8th member is absent from a board meeting for any cause. This bill would additionally authorize the alternate retired member to vote as a member of the board if the 8th member is present and both the 2nd and 3rd, both the 2nd and 7th, or both the 3rd and 7th members are absent for any cause. Under CERL, except as specified, the management of a retirement system is vested in the board of retirement. CERL authorizes such a board to make regulations not inconsistent with that law, and requires that the regulations include specific provisions, including provisions for the filing of a sworn statement by every person who is or becomes a member, showing date of birth, nature and duration of employment with the county, compensation received, and other information as is required by the board. This bill would authorize those regulations, in lieu of a sworn statement, to provide for the submission by a member’s employer to the retirement association of the information otherwise required in a sworn statement, in a form determined by the retirement association.

An act to amend Sections 31494.2, 31494.5, and 31526 of, and to add Sections 31495.7 and 31520.6 to, the Government Code, relating to county employees’ retirement.


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

SECTION 1.
Chapter 15.8 (commencing with Section 67395) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  15.8. Autism Employment and Education Act
67395.
(a) This chapter shall be known, and may be cited, as the Autism Employment and Education Act.
(b) The Legislature finds and declares all of the following:
(1) Autism spectrum disorder (ASD) is a lifelong neurological condition estimated to affect as many as one in 88 children. It is now the most common neurological disorder affecting children and one of the most common developmental disabilities.
(2) Many individuals living with ASD will need some level of support over the course of their lives. In cases where adolescents and adults with severe autism are placed into long-term care or other supported housing arrangements, the annual cost of housing, which includes caregiver time, can be four hundred dollars ($400) per day, or approximately one hundred fifty thousand dollars ($150,000) a year.
(3) It is estimated that the lifetime per capita incremental societal cost of ASD is three million two hundred thousand dollars ($3,200,000) per individual or approximately fifty thousand seven hundred ninety-three dollars ($50,793) per year on average.
(4) As of February 2016, Taft Community College is the only occupational and living skills residential program of its kind offered in California, and the program is currently unable to meet the needs of students who apply. The program has been in existence for nearly 20 years and receives the majority of its funding from regional centers in California. More than 80 percent of its graduates are employed by the end of the second year of post graduation services.
(5) According to Disability Planning Data for Riverside County, 10.5 percent of people (about 120,000 people) 21 to 64 years of age have some type of a disability. Of this number, 37 percent are employed, but this data does not indicate whether they are employed full time or part time.
(6) According to a report published in April 2012 by the Autism Society of California, “The majority of transition aged families (98 percent) believed that current adult programs are not going to meet their loved-one’s needs.” Additional findings from this report indicated that only 5 percent of people with ASD graduated from college with a bachelor’s degree and only 3 percent graduated with a master’s or an associate degree. About 12 percent of students with ASD go to college and do not succeed; this is lower than the national average of 14 percent. The number of people with ASD in California remaining at home and not participating in any type of postsecondary educational program is on the rise, going from 13 percent in 2009 to 18 percent in 2012.
(7) According to the Department of Labor Statistics, the unemployment rate for individuals with disabilities is 78.5 percent.
(8) Mandated services provided through the federal Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) end upon completion of high school, yet 60 percent of lifetime costs occur in adulthood. According to the Autism Society, there is a significant disparity in the need for, and the availability of, publicly funded long-term services and supports for people with disabilities. This disparity results in waiting lists estimated to range from 80,000 to 200,000 people nationwide.
(9) It is the intent of the Legislature that implementing a residential, occupational, and living skills program for students with mental disabilities, including autism, will accomplish all of the following objectives:
(A) The program will increase the rate of employment of students with mental disabilities from its current level of around 25 percent to 85 percent.
(B) The program will be a more affordable alternative for families than adult day treatment programs, which may cost nearly twice as much.
(C) The program will enable participating students to live independently, to learn the life skills necessary to become lifelong productive members of their local communities in California, and to not need to relocate out of state in order to receive affordable services.
(D) The program will provide students with mental disabilities a more coordinated continuity of care by incorporating all of their living skills, occupational, social, and recreational development needs into one program.
67395.5.
(a) The Autism Employment and Education Program is hereby established to develop and implement a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the campus.
(b) The Autism Employment and Education Fund is hereby established in the State Treasury for purposes of this chapter. The moneys in the fund shall be available, upon appropriation by the Legislature, to the Board of Governors of the California Community Colleges and the Trustees of the California State University for the implementation and administration of this chapter.
(c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall develop and implement both of the following:
(1) A residential, occupational, and living skills program at each participating college or university, as applicable, to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university.
(2) Administrative guidelines and other requirements for purposes of developing, implementing, and administering the program described in paragraph (1).
67395.7.
This chapter shall only become operative upon appropriation in the annual Budget Act for the implementation and administration of this chapter.

Summary: Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. Existing law states the intent of the Legislature that the public postsecondary institutions request, and the state provide, through the state budget process, funds to cover the actual cost of providing services and instruction, consistent with specified principles, to disabled students in their respective postsecondary institutions. This bill would establish the Autism Employment and Education Program, which would establish a residential, occupational, and living skills program at each participating community college and California State University campus to help students with mental disabilities, including autism, live independently, obtain employment, and become otherwise self-sufficient after they graduate or withdraw from the college or university. The bill would establish the Autism Employment and Education Fund in the State Treasury and allocate moneys in the fund, upon appropriation by the Legislature, to the board of governors and the trustees for the development, implementation, and administration of the program. The bill would only become operative upon appropriation by the Legislature for the implementation and administration of the program.

An act to add Chapter 15.8 (commencing with Section 67395) to Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education.


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

SECTION 1.
Section 19320 of the Business and Professions Code is amended to read:
19320.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this chapter.
(b)  Licensing authorities administering this chapter may issue state licenses only to qualified applicants engaging in commercial cannabis activity pursuant to this chapter. One year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, no person shall engage in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. An entity seeking licensure pursuant to this chapter shall obtain a local license, permit, or other authorization prior to applying for state licensure. State licensing entities shall not issue a license to any applicant that is unable to provide documentation confirming authorization to operate from the local government in which the applicant proposes to operate. A licensee shall not commence activity under the authority of a state license until the applicant has obtained, in addition to the state license, a local license, permit, or other authorization from the local jurisdiction in which he or she proposes to operate, following the requirements of the applicable local ordinance.
(c) Each licensee shall obtain a separate license for each location where it engages in commercial medical cannabis activity. However, transporters only need to obtain licenses for each physical location where the licensee conducts business while not in transport or where any equipment that is not currently transporting medical cannabis or medical cannabis products permanently resides.
(d) Revocation of a local license, permit, or other required authorization shall terminate the ability of a medical cannabis business to operate within that local jurisdiction until the local jurisdiction reinstates or reissues the local license, permit, or other authorization. Local authorities shall notify the bureau upon revocation of a local license, permit, or other authorization. The bureau shall inform relevant licensing authorities.
(e) Revocation of a state license shall terminate the ability of a medical cannabis licensee to operate within California until the licensing authority reinstates or reissues the state license.
(f) In addition to the provisions of this chapter, local jurisdictions retain the power to assess fees and taxes, as applicable, on facilities that are licensed pursuant to this chapter and the business activities of those licensees.
(g) Nothing in this chapter shall be construed to supersede or limit state agencies, including the Department of Food and Agriculture, the State Water Resources Control Board, and the Department of Fish and Wildlife, from establishing fees to support their medical cannabis regulatory programs.
(h) (1) Notwithstanding any other provision of this chapter:
(A) With regard to commercial cannabis activity in the City of Los Angeles, the licensing authorities shall not require a local license, permit, or other authorization and shall issue a state license to engage in commercial cannabis activity only if the licensing authorities determine the applicant satisfies all of the requirements of this act and demonstrates that it meets all of the following criteria established by Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election:
(i) The applicant was operating in the City of Los Angeles as a medical marijuana business by September 14, 2007, as evidenced by a business tax registration certificate issued by the City of Los Angeles on or before November 13, 2007.
(ii) The applicant registered with the City of Los Angeles city clerk by November 13, 2007, in accordance with all of the requirements of the City of Los Angeles’ Interim Control Ordinance.
(iii) The applicant obtained a City of Los Angeles business tax registration for taxation as a medical marijuana collective (class L050).
(B) A state license issued pursuant to this paragraph for commercial cannabis activity shall have the same force and effect and shall confer the same benefits and responsibilities as licenses issued to licensees outside the City of Los Angeles that obtain a license, permit, or other authorization from the local jurisdiction.
(C) The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license.
(2) Notwithstanding paragraph (1), if the voters of Los Angeles approve an initiative, after January 1, 2016, but prior to the time that the State of California begins issuing state licenses, that authorizes the City of Los Angeles to issue local licenses to medical marijuana businesses in Los Angeles, the exemption for local licensing in Los Angeles as set forth in paragraph (1) shall be superseded by the local licensing requirements as enacted by that initiative.

Summary: Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Existing law establishes the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs. Existing law authorizes licensing authorities to only issue state licenses to qualified applicants. Existing law, upon the date of implementation of regulations by the licensing authority, prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. This bill would instead prohibit a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses. The bill would also, with regard to commercial cannabis activity in the City of Los Angeles, prohibit licensing authorities from requiring a local license, permit, or other authorization, and would require the issuance of a state license, if the authorities determine, as specified, that the applicant meets all of the requirements of MCRSA and specified criteria relating to Measure D, which was approved by the voters of the City of Los Angeles at the May 21, 2013, general election. The bill would further provide that a license issued pursuant to the above provision has the same force and effect, and confers the same benefits and responsibilities, as licenses issued to licensees not subject to the above-described exception. The bill would require the exemption to the local licensing requirement provided by these provisions to be superseded by a subsequent initiative authorizing the City of Los Angeles to issue local licenses to medical marijuana businesses in the city if the voters of Los Angeles approve the initiative prior to the time the State of California begins issuing state licenses.

An act to amend Section 19320 of the Business and Professions Code, relating to marijuana.


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

SECTION 1.
Section 66602 of the Education Code is amended to read:
66602.
(a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate.
(b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms.
(2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated.
(3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term.
(4) (A) During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a student member’s term, the student member may vote at a board meeting if the other student member is absent from that meeting due to illness, a family emergency, or a medical emergency.
(5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office.
(6) A student member shall have his or her tuition fee waived for the duration of his or her term of office.
(c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which he or she teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first.
(d) (1) (A) One of the 16 appointive members of the board referenced in subdivision (a) shall be a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification. An independent systemwide staff council, that is formed solely for this purpose and consists of permanent employees who are not management personnel and who are not in confidential or excluded classifications, shall provide a list of two nominees for the Governor’s consideration, and the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the board. This appointive position on the board shall thereafter be filled only by permanent nonfaculty employees appointed in accordance with this subdivision.
(B) The employee organizations of permanent nonfaculty employees of the California State University shall fund the systemwide staff council to be established pursuant to this paragraph.
(2) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations.
(3) The permanent nonfaculty employee member of the board appointed pursuant to this subdivision shall receive compensation for board service only as authorized pursuant to Section 66604.5.

Summary: Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. This bill would require the Governor to appoint a permanent nonfaculty employee of the university as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. The bill would provide that the permanent nonfaculty employee member of the board shall receive for board service only actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees.

An act to amend Section 66602 of the Education Code, relating to postsecondary education.


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

SECTION 1.
Article 7 (commencing with Section 34390) is added to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, to read:
Article  7. Department of Housing and Community Development Report to the Legislature
34390.
(a) For purposes of this section:
(1) “Department” shall refer to “The Department of Housing and Community Development.”
(2) “Agency” shall refer to “California Housing Finance Agency.”
(b) The department, in conjunction with the agency, shall report to the Legislature, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. In preparing this report, the department and the agency shall develop a survey to gather information, including, but not limited to, the following:
(1) The number of housing authorities in California, and the number of single-family properties owned by housing authorities that are available for lease to extremely low, very low, and low-income families.
(2) The number of single-family homes owned by housing authorities in the last five years that were converted to ownership, and the names and descriptions of the programs through which the conversions were made.
(3) The number of single-family homes that were purchased by housing authorities using the federal Neighborhood Stabilization Program (NSP) funding.
(4) The number of housing authorities that have a Section 32 Homeownership Plan through the United States Department of Housing and Urban Development.
(5) The number of housing authorities that administer the federal Family Self-Sufficiency Program.
(c) The department and the agency shall work with any applicable association that represents housing authorities in California, in order to obtain a successful response rate to the survey described in subdivision (b) in order to capture the most accurate information.
(d) The report required by subdivision (b) shall also identify the following:
(1) Barriers or impediments to transitioning into homeownership for extremely low, very low, and low-income people.
(2) Using several case studies of local housing authorities with successful homeownership programs, potential best practices for other housing authorities to follow.
(3) Strategies to target extremely low, very low, and low-income people for homeownership programs.
(4) Funding programs for homeownership and other opportunities to help transition low and very-low income people to homeownership.
(e) (1) The report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2022.
SECTION 1.
Article 13 (commencing with Section 50295) is added to Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code
, to read:
13.
Pathway To Home Ownership
50295.
(a)As used in this section the following terms have the following meanings:
(1)“Local government agency” means a city or county, including a charter city, charter county, or charter city and county, or any agency, authority, or department thereof.
(2)“Purchaser” means the tenant of a single family residence owned by a local government agency that utilizes the program to purchase a single-family residence.
(3)“Single-family residence” means a real property improvement used, or intended to be used, as a dwelling unit for one family.
(b)On or before January 1, 2018, each local government agency that owns and leases any single-family residence shall create a mortgage program that meets the following requirements:
(1)Allocates 10 percent of all single family residences that the local government agency owns and leases to become eligible for purchase by tenants of the single family residence.
(2)Provides a mortgage to eligible tenants of single family residences that allows those tenants to purchase the single-family residence they are presently leasing.
(3)Offers a required informational session for interested tenants to attend prior to purchase of a single-family residence through the program. The session shall educate potential purchasers on their legal rights and obligations in purchasing a property through the program.
(4)Requires a valuation by the county assessor of any property being purchased through the program.
(5)Offers a wait list for persons interested in purchasing a property through the program if the local government agency has already met the 10-percent threshold with properties in the process of being purchased.
(c)The local government agency shall adopt regulations for the administration of the mortgage program that shall include, but are not limited to, the following:
(1)Mortgage eligibility requirements that are limited to tenants that qualify as extremely low income households, as defined by Section 50106 of the Health and Safety Code, very low income households, as defined by Section 50105 of the Health and Safety Code, lower income households, as defined by Section 50079.5 of the Health and Safety Code, or persons and families of low or moderate income.
(2)(A)The maximum length of the mortgage, which shall not exceed 30 years. Except as provided in subparagraph (B), the monthly payment paid by a purchaser, including principal, interest, insurance, property taxes and other property-related assessments and taxes, and any required mortgage insurance, amortized over the term of the mortgage, shall not exceed the amount the purchaser previously paid as a tenant for occupancy in the property.
(B)A local government agency may reduce the payment requirements for purchasers with extremely low income, as necessary.
(3)The local government agency may decline to offer use of the program to a prospective purchaser if it determines that the purchaser would not be able to consistently make on-time payments. A prospective purchaser shall be permitted to reapply at a later date if the local government agency declines to offer the prospective purchaser use of the program.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law, the Housing Authorities Law, declares that providing safe and sanitary dwelling accommodations for persons of low income is a public use and purpose for which public money may be spent and private property acquired, and is a governmental function of state concern. Existing law establishes procedures by which a local government may create or authorize a local housing authority to operate within it for this purpose. Existing law authorizes those housing authorities to convey surplus lands, as specified, for the development of homes for ownership by persons and families of low or moderate income. Existing law requires every local housing authority within a county or city to file on the first day of October of each year with the Department of Housing and Community Development a complete report of its activities during the previous fiscal year, with specified recommendations. This bill would require the department, in conjunction with the California Housing Finance Agency to report, no later than January 1, 2018, on ways to increase homeownership for extremely low, very low, and low-income households. The bill would require the department and the agency to carry out and include in the report a survey of housing authorities in California, as specified. Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. This bill, on or before January 1, 2018, would require every local government agency, as defined, to adopt a mortgage program that, among other things, allocates 10 of all single-family residences that the local government agency owns and leases to become eligible for purchase by tenants presently occupying the single–family residence. The bill would require each local government agency to adopt regulations for the administration of the program that include, among other things, eligibility requirements that limit the program to use by persons with extremely low income households, very low income households, lower income households, or persons and families of low or moderate income. By imposing new duties on local government agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to add
and repeal
Article
13 (commencing with Section 50295) to
7 (commencing with Section 34390) of
Chapter 1 of Part
1 of Division 1 of Title 5 of the Government
2 of Division 24 of the Health and Safety
Code, relating to
local government.
housing.