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

SECTION 1.
Section 66019.3 of the Education Code is amended to read:
66019.3.
(a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid.
(b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education.
SEC. 2.
Section 76010 of the Education Code is amended to read:
76010.
(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year.
(b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities.
(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:
(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program.
(3) A financial aid administrator.
(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission.
SEC. 3.
Section 90001.5 of the Education Code is amended to read:
90001.5.
(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year.
(b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities.
(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:
(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program.
(3) A financial aid administrator.
(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission.
SEC. 4.
Section 92660 of the Education Code is amended to read:
92660.
(a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year.
(b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities.
(c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following:
(1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
(2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program.
(3) A financial aid administrator.
(d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission.
(e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.

Summary: Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the other 2 segments of public postsecondary education in this state. Existing law requests the regents and the trustees to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into 4-year public institutions of higher education. This bill would request the regents and the trustees to provide that assistance to students who are homeless youth. Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do all of the following: (1) give priority for housing to current and former foster youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth for residence in housing facilities that are open for uninterrupted year-round occupation and next give priority to current and former foster youth for housing that is open for occupation during the most days in the calendar year. This bill would provide priority for campus housing to current and former homeless youth that is identical to that priority extended to current and former foster youth under existing law. This bill would request the campuses of the California Community Colleges, and would require the campuses of the California State University, and of the University of California, subject to its agreement by resolution, if they maintain student housing facilities, to provide housing in housing facilities that are open for uninterrupted year-round occupation to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and would request each campus of the California Community Colleges, the California State University, and the University of California to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources during and between academic terms, including during academic and campus breaks. This bill would define current and former homeless youth for each of these purposes.

An act to amend Sections 66019.3, 76010, 90001.5, and 92660 of the Education Code, relating to public postsecondary education.


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

SECTION 1.
Section 44559.13 is added to the Health and Safety Code, to read:
44559.13.
(a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section.
(b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings:
(1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto.
(2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program.
(3) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act.
(4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project.
(5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000).
(6) “Small business” or “qualified business” means a business referred to in subdivisions (i) and (m) of Section 44559.1, that meets the following additional criteria:
(A) Fifteen or fewer full-time equivalent employees.
(B) Less than one million dollars ($1,000,000) in total gross annual income from all sources.
(C) Does not provide overnight accommodations.
(c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund.
(2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows:
(A) Program expenditures shall include both of the following:
(i) Contributions paid by the authority in support of qualified loans.
(ii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state.
(B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following:
(i) Personnel costs.
(ii) Service and vending contracts necessary to carry out the program.
(iii) Other reasonable direct and indirect administrative costs.
(3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund.
(d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to:
(1) Establish a new loss reserve account for each participating lender enrolling loans in this program.
(2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project.
(3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community.
(4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program.
(5) Limit the term of loss coverage for each qualified loan to no more than five years.
(6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures.
SEC. 2.
The sum of ten million dollars ($10,000,000) is hereby transferred from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund for the purposes of funding loss reserve accounts and administering the program pursuant to the California Americans with Disabilities Act Small Business Capital Access Loan Program.

Summary: Existing law provides various programs to expand access to persons with disabilities and promote compliance with the federal Americans with Disabilities Act of 1990. Existing law establishes the Capital Access Loan Program, which is administered by the California Pollution Control Financing Authority (authority) to assist small businesses to finance the costs of complying with environmental mandates and the remediation of contamination on their properties. This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program within the Capital Access Loan Program, to create a self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities, meeting specified criteria, to comply with the federal Americans with Disabilities Act. This bill would authorize the authority to administer the program, including adopting regulations, and controlling funds appropriated for the program, as specified. This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund, as a continuously appropriated fund, and require the authority to use the fund for all its purposes. This bill would also transfer $10,000,000 from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund.

An act to add Section 44559.13 to the Health and Safety Code, relating to small business, and making an appropriation therefor.


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

SECTION 1.
Section 8547.2 of the Government Code is amended to read:
8547.2.
For the purposes of this article, the following terms have the following meanings:
(a) “Employee” means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, “employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. “Employee” includes a former employee who met the criteria of this subdivision during his or her employment.
(b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
(c) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision.
(d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing.
(e) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the
California
State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the
California
State Auditor’s Office in support of the allegation. “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance.
(f) “State agency” is defined by Section 11000. “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive,
and Section 8547.16,
and the California State University for purposes of Sections 8547.3 to 8547.7,
inclusive.
inclusive, and Section 8547.16.
Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency.
SECTION 1.
SEC. 2.
Section 8547.16 is added to the Government Code, to read:
8547.16.
Any
(a) A
state agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities.
(b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).

Summary: The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work product. The product. The act authorizes the State Auditor to issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. The act also further authorizes the State Auditor to release any findings or evidence supporting any findings resulting from an investigation whenever the State Auditor determines it necessary to serve the interests of the state. This bill would require a state agency agency, as defined, that utilizes a whistleblower investigation policy separate from the act to publicly report, in the manner in which the State Auditor is authorized to publicly report, any investigation of a whistleblower complaint that has substantiated improper government activities. The bill would specify that its provisions shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law.

An act
to amend Section 8547.2 of, and
to add Section 8547.16
to
to,
the Government Code, relating to improper governmental activities.


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

SECTION 1.
Section 65850.7 is added to the Government Code, to read:
65850.7.
(a) The Legislature finds and declares all of the following:
(1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern.
(2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations.
(3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use.
(4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations.
(b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit.
(c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county.
(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
(2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval.
(2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required.
(h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(i) The following definitions shall apply to this section:
(1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
(2) “Electronic submittal” means the utilization of one or more of the following:
(A) Email.
(B) The Internet.
(C) Facsimile.
(3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Summary: The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The bill would require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The ercaseMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: <SECTION-HEADER> Section 65850.7 is added to the Government Code, to read: 65850.7. The Legislature finds and declares all of the following: The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. The following definitions shall apply to this section: “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. “Electronic submittal” means the utilization of one or more of the following: Email. The Internet. Facsimile. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. <SECTION-HEADER> No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

An act to add Section 65850.7 to the Government Code, relating to local ordinances.


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

SECTION 1.
Section 1027 of the Penal Code is amended to read:
1027.
(a) When a defendant pleads not guilty by reason of insanity the court shall
select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders,
appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code
to examine the defendant and investigate his or her mental status. It is the duty of the
psychiatrists or psychologists selected and appointed
evaluation panel
to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The
psychiatrists or psychologists appointed by the court
members of the evaluation panel
shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for
trial.
trial to the State Department of State Hospitals.
(b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the
psychiatrist or psychologist
evaluation panel
in making
his or her
the panel’s
examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense.
(c) This section does not presume that
a psychiatrist or psychologist
an evaluation panel
can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense.
(d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court.
(e)
Any psychiatrist or psychologist
The members of an evaluation panel
appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the
psychiatrist or psychologist,
members of the evaluation panel,
as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the
psychiatrist or psychologist
members of the panel
were
a witness
witnesses
for the adverse party. When
a member of
the
psychiatrist or psychologist
panel
is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party.
SEC. 2.
Section 1369 of the Penal Code is amended to read:
1369.
Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:
(a) The court shall appoint
a psychiatrist or licensed psychologist,
an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code,
and any other expert
with forensic experience
the court may deem appropriate, to examine the defendant. In any case
where
in which
the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the
court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the
defense and
one may be named by the prosecution.
defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists.
The examining
psychiatrists or licensed psychologists
panelists
shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining
psychologist
panelist
is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the
psychologist
panelist
shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists
panelists
shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital.
The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence.
(d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury.
(f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous.
(g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole.
SEC. 3.
Section 7233 is added to the Welfare and Institutions Code, to read:
7233.
(a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b).
(b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).

Summary: Existing law establishes the State Department of State Hospitals for the administration of state hospitals and provides for the involuntary confinement of certain individuals in those state hospitals, including a defendant who has been found mentally incompetent to stand trial or who has been found to be insane at the time he or she committed the crime. Existing law requires a court, when a defendant pleads not guilty by reason of insanity, or if there is a question as to the defendant’s mental competence, to appoint a specified number of psychiatrists or psychologists to examine the defendant. This bill would require the State Department of State Hospitals to establish, within the department, a pool of psychiatrists and psychologists with forensic skills, and would require the department to create evaluation panels from the pool of psychiatrists and psychologists, as specified. The bill would require the court to order an evaluation panel to evaluate a defendant who pleads not guilty by reason of insanity or who may be mentally incompetent. The bill would also make conforming changes.

An act to amend Sections 1027 and 1369 of the Penal Code, and to add Section 7233 to the Welfare and Institutions Code, relating to state hospitals.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets, as compared to children who do not eat breakfast.
(b) Research also shows that breakfasts served at school are generally more nutritious than breakfasts served at home.
(c) Each
school day,
schoolday,
2.2 million of the state’s low-income pupils miss out on the health and academic benefits of school breakfasts and, in total, 4.3 million of California’s public school pupils miss out on school
breakfast
breakfasts
each schoolday.
(d) Serving breakfast after the start of the schoolday has been shown to significantly improve school breakfast participation, yield fiscal benefits, and improve the learning environment for all pupils by decreasing absenteeism, tardiness, reports of hunger-related illness, and disciplinary issues.
(e) The federal School Breakfast Program enables school districts to draw on federal funds designated to serve low-income pupils. If the federal School Breakfast Program reached as many low-income pupils as the federal National School Lunch Program, California’s public schools would receive an additional $344 million in federal meal reimbursements, providing essential resources to the state’s most vulnerable children.
(f) Fiscal research shows that increasing participation in the federal School Breakfast Program immediately and positively impacts the California economy by distributing federal funds to school districts, increasing local employment, and increasing purchases of food and equipment.
(g) Given the academic, health, and fiscal benefits of school breakfasts, high-need schools serving low-income pupils should make breakfast readily available and accessible during the schoolday.
SEC. 2.
Section 49550 of the Education Code is amended to read:
49550.
Notwithstanding any other law:
(a) A school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each pupil who is a needy child as defined in Section 49552 one nutritionally adequate free or reduced-price meal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served.
(b) In order to comply with subdivision (a), a school district or county office of education may use funds that are available through any federal or state program the purpose of which includes the provision of meals to a pupil, including, but not necessarily limited to, the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education.
(c) Each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide breakfast for its pupils in accordance with the following:
(1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40 percent of the pupils enrolled in a school are needy children as defined in Section 49552, a nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast may be offered either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. Commencing on July 1, 2017, the requirements of this paragraph shall apply only to schools where at least 40 percent, but less than 60 percent, of the pupils enrolled in that school are needy children as defined in Section 49552.
(2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at least 60 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements:
(i) A nutritionally adequate breakfast shall be made available to each pupil each schoolday. The school may make this breakfast available either for sale or at no cost to the pupils. No pupil shall be required to consume a meal.
(ii) The breakfast provided pursuant to clause (i) shall be available to pupils after instruction has begun for the schoolday.
(B) On and after July 1, 2018, the requirements of subparagraph (A) shall apply only to schools where at least 60 percent, but less than 80 percent, of the pupils enrolled in that school are needy children as defined in Section 49552.
(3) On and after July 1, 2018, if at least 80 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements:
(A) A nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast shall be offered at no cost to the pupils. No pupil shall be required to consume a meal.
(B) The breakfast provided pursuant to subparagraph (A) shall be available to pupils after instruction has begun for the schoolday.
(d) As used in this section, “after instruction has begun for the schoolday” means after the time the schoolday has begun for a majority of the pupils enrolled at that school.
(e) This section shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals. This bill would express legislative findings and declarations relating to the federal School Breakfast Program. The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40 of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40, but less than 60, of the pupils enrolled in that school are needy children. The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60 of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils after instruction has begun for the schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60, but less than 80, of the pupils enrolled in that school are needy children. The bill, on and after July 1, 2018, with respect to schools where at least 80 of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, after instruction has begun for the schoolday, as defined. The bill would also specify that these provisions shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. To the extent that this bill would create new duties for school districts and county offices of education, it would constitute 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 amend Section 49550 of the Education Code, relating to pupil nutrition.


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

SECTION 1.
Section 39719 of the Health and Safety Code is amended to read:
39719.
(a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following:
(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program.
(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the project.
(3) Beginning in the 2016–17 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Water Resources to comply with the requirements of Chapter 4.5 (commencing with Section 430) of Division 1 of the Water Code.
(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included.
SEC. 2.
Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read:
CHAPTER  4.5. Water Storage and Reliability
430.
(a) On or before January 1, 2017, the Department of Water Resources, after one or more public workshops, shall identify the current statewide water storage capacity, including local, state, and federal projects, and prepare a strategy and implementation plan to achieve an expansion in statewide water storage capacity of 25 percent by January 1, 2025, and 50 percent by January 1, 2050.
(b) The Department of Water Resources shall provide a copy of the strategy and implementation plan to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site.
(c) On January 1, 2018, and every two years thereafter, until January 1, 2050, the Department of Water Resources shall update the strategy and implementation plan to reflect any changes made to the strategy and plan.
(d) The Department of Water Resources shall provide a copy of the updated strategy and implementation plans required pursuant to subdivision (c) to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site.
431.
(a) The Department of Water Resources shall increase the state’s total water storage capacity by 25 percent by January 1, 2025, and by 50 percent by January 1, 2050.
(b) The increase in water storage capacity required pursuant to subdivision (a) may be accomplished through a mix of both surface water and groundwater storage projects, including, but not limited to, all of the following:
(1) Surface water storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code.
(2) Local and regional surface water storage projects.
(3) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits.
(4) Conjunctive use and reservoir reoperation projects.
432.
(a) On January 1, 2020, and every five years thereafter, until January 1, 2050, the Legislative Analyst’s Office shall report to the Legislature on the Department of Water Resources’ progress on fulfilling the requirements imposed under Section 431.
(b) The Legislative Analyst’s Office shall include in the report required pursuant to subdivision (a) whether the Department of Water Resources is expected to achieve the water storage requirements imposed under Section 431 on time.
SECTION 1.
SEC. 3.
Section 13145.5 is added to the Water Code, to read:
13145.5.
In formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, the state board shall take into consideration, consistent with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, any applicable groundwater sustainability plan or alternative adopted or approved under Part 2.74 (commencing with Section 10720) of Division 6 and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.

Summary: Existing law establishes the Department of Water Resources in the Natural Resources Agency, and, among other things, empowers the department to conduct investigations of all or any portion of any stream, stream system, lake, or other body of water. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. This bill would require the department to increase statewide water storage capacity by 25 by January 1, 2025, and 50 by January 1, 2050, as specified. The bill would require the department, on or before January 1, 2017, to identify the current statewide water storage capacity and prepare a strategy and implementation plan to achieve those expansions in statewide water storage capacity, and would require the department to update the strategy and implementation plan on January 1, 2018, and every 2 years thereafter, until January 1, 2050. The bill would require the Legislative Analyst’s Office to report to the Legislature on January 1, 2020, and every 5 years thereafter, until January 1, 2050, on the department’s progress on achieving those required increases in statewide water storage capacity, as specified. The bill would, beginning in the 2016–17 fiscal year, continuously appropriate 25 of the annual proceeds of the Greenhouse Gas Reduction Fund to the department to comply with these requirements. Existing Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board, from becoming effective unless it is approved by the state board. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would require the state board, in formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, to take into consideration, consistent with the requirements of the California Environmental Quality Act, any applicable groundwater sustainability plan or alternative and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.

An act to
amend Section 39719 of the Health and Safety Code, and to
add Section 13145.5
to
to, and to add Chapter 4.5 (commencing with Section 430) to Division 1 of,
the Water Code, relating to
water quality.
water, and making an appropriation therefor.


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

SECTION 1.
Section 6254.32 is added to the Government Code, to read:
6254.32.
(a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera.
(b) The following definitions shall apply to this section:
(1) “Body worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format.
(2) “Peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Protecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
SECTION 1.
Section 832.7 of the
Penal Code
is amended to read:
832.7.
(a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.
(b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed.
(c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved.
(d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative.
(e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.
(2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.
(f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.

Summary: The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. This bill would, notwithstanding any other law, prohibit the disclosure of a recording made by a body worn camera, as defined, except for requiring disclosure to the person whose image is recorded by the body worn camera. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law provides that peace officer or custodial officer personnel records and records maintained by any state or local agency, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved. This bill would make technical, nonsubstantive changes to these provisions.

An act to
amend Section 832.7 of the Penal Code, relating to peace officers.
add Section 6254.32 to the Government Code, relating to public records.


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

SECTION 1.
Section 35554 of the Vehicle Code, as amended by Section 2 of Chapter 263 of the Statutes of 2014, is amended to read:
35554.
(a) (1) Notwithstanding Section 35550, the maximum gross weight on any one axle of a bus shall not exceed 20,500 pounds.
(2) This subdivision does not apply to a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. This subdivision does not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided, however, that the option period does not exceed five years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier.
(b) A transit bus is not subject to Section 35550.
(c) Notwithstanding subdivision (a), the following provisions shall apply to a transit bus:
(1) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2018, inclusive, shall not exceed 23,000 pounds.
(2) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2019, shall not exceed 22,000 pounds.
(d) Notwithstanding subdivisions (a) and (c), the following provisions shall apply to an articulated transit bus or zero-emission transit bus:
(1) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2017, inclusive, shall not exceed 25,000 pounds.
(2) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2018, and December 31, 2019, inclusive, shall not exceed 24,000 pounds.
(3) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2020, and December 31, 2021, inclusive, shall not exceed 23,000 pounds.
(4) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2022, shall not exceed 22,000 pounds.
(e) Nothing in this article shall be construed to authorize a vehicle described in paragraph (2) of subdivision (a) or described in subdivision (c) or (d) to be operated in violation of Section 35753.
(f) A transit operator operating an articulated transit bus shall, by July 1, 2016, provide notice to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying the approximate routes upon which the bus is expected to be scheduled for service, including the names of streets and roads upon which that service is likely to take place. Thereafter, a transit operator operating an articulated transit bus shall annually provide notice by July 1, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying any changes to the service on those routes and any new routes upon which the bus is expected to be scheduled for the upcoming year. The notice shall include data from information provided by the bus manufacturer to the transit operator, identifying the weight of the articulated bus.
(g) For purposes of this section, the term “curb weight” means the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, except without passengers or a driver.
(h) Notwithstanding subdivisions (a) to (g), inclusive, a transit bus shall not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways in excess of the weight limitation for transit buses specified in federal law.
(i) If the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle shall be supported by four wheels bearing load upon the highway.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law, operative January 1, 2016, provides that the gross weight on any one axle of a bus shall not exceed 20,500 pounds. Existing law exempts from this limitation a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2013. A violation of this provision is a crime. This bill would exempt from the weight limitation transit buses procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. The bill would provide that the weight limitation would not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided that the option period does not exceed 5 years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. This bill would also establish certain weight limitations for transit buses procured through a solicitation process pursuant to which a solicitation was issued at a specified time. The bill would provide that these provisions do not authorize the operation of a transit bus on a bridge or certain other structures if the gross weight of the transit bus is greater than the maximum weight which the bridge or other structure can safely sustain. The bill would require, if the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle to be supported by 4 wheels bearing load upon the highway. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require a transit operator operating an articulated bus to provide notice, by July 1, 2016, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, of the approximate routes upon which the bus will operate. The bill would also require an annual notice by July 1 thereafter to all cities and counties under whose jurisdiction the bus will operate, identifying any changes to the service on those routes or any new routes upon which the bus is expected to be scheduled for the upcoming calendar year. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

An act to amend Section 35554 of the Vehicle Code, relating to vehicles.