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

SECTION 1.
Section 562 is added to the Food and Agricultural Code, to read:
562.
The Legislature further finds and declares all of the following:
(a) California’s agricultural output is larger and more diverse than any state in the United States, providing the majority of the country’s fruits, vegetables, nuts, and dairy products.
(b) Dependent on land and natural resources, California agriculture is uniquely vulnerable to climate change, which poses a serious threat to California agriculture with rising temperatures, increases in extreme weather events, constrained water resources, reduced winter chilling hours, and rising sea levels.
(c) California agriculture also is uniquely positioned to provide climate benefits by reducing greenhouse gas emissions. Research funded by the State Energy Resources
and Conservation
Conservation and
Development Commission’s Public Interest Energy Research (PIER) program finds that some agricultural practices will not only reduce greenhouse gas emissions, but they also may help to store carbon in soils and trees. Carbon storage is an important strategy to help meet the state’s greenhouse gas emissions targets.
(d) Steps taken by those working in California agriculture to reduce greenhouse gas emissions and sequester atmospheric carbon can provide other important environmental cobenefits, such as improved air and water quality, water conservation, enhanced wildlife habitat, and healthier rural communities.
(e) It is, therefore, the intent of the Legislature to enhance the long-term viability of California agriculture by supporting activities that reduce climate change impacts that may negatively impact it and the rest of the state.
(f) It is further the intent of the Legislature that the department, pursuant to this article, support the state’s agricultural sector in pursuing on-farm practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass.
SEC. 2.
Section 564 of the Food and Agricultural Code is amended to read:
564.
Unless the context otherwise requires, the following definitions govern the construction of this article:
(a) “Agricultural activities” means those activities that generate products as specified in Section 54004.
(b) “Department” means the Department of Food and Agriculture.
(c) “Fund” means the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(d) “Panel” means the Environmental Farming Science Advisory Panel.
(e) “Secretary” means the Secretary of Food and Agriculture.
SEC. 3.
Section 566 of the Food and Agricultural Code is amended to read:
566.
(a) (1) The department shall establish and oversee an environmental farming program. The program may provide incentives, including, but not limited to, loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both.
(2) The department may provide support through the program that may include, but need not be limited to, permit assistance and coordination and the funding of on-farm demonstration projects in furtherance of the goals of the program.
(b) (1) The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts and benefits that agriculture creates for the environment.
(2) The department shall serve as the depository of the scientific evidence compiled pursuant to this subdivision and provide it to federal, state, and local agencies as needed.
(c) The department shall conduct the activities specified in this article with existing resources, to the extent they are available.
SEC. 4.
Section 568 of the Food and Agricultural Code is amended to read:
568.
(a) The secretary shall convene an Environmental Farming Science Advisory Panel to advise the secretary on the implementation of an environmental farming program, established pursuant to Section 566, and assist federal, state, and local government agencies, as appropriate or necessary, on issues relating to the impact of agricultural practices on air, water, climate change, and wildlife habitat.
(b) (1) The panel shall consist of the following members:
(A) Two members appointed by the Secretary for Environmental Protection. One of these members shall have expertise in climate change and its impacts on California agriculture, and the other member shall have expertise in greenhouse gas emissions reduction practices related to agriculture.
(B) Two members appointed by the Secretary of the Natural Resources Agency. One of these members shall be affiliated with the California Association of Resource Conservation Districts. The other member shall be engaged in the conduct of scientific research related to the purposes described in Section 566.
(C) Five members appointed by the secretary, according to the following:
(i) Three members who are agricultural producers in the state with at least five years of training and experience in the field of agriculture. At least one of these members shall be registered as a producer pursuant to the California Organic Products Act of 2003 (Chapter 10 (commencing with Section 46000) of Division 17).
(ii) One member who is affiliated with the University of California Cooperative Extension.
(iii) One member who is engaged in the conduct of scientific research related to the purposes described in Section 566.
(2) The secretary may appoint nonvoting advisers to the panel after consulting with the panel.
(3) The secretary shall designate the member who is to serve as the chair of the panel.
(4) Members of the panel shall be highly qualified and professionally active with at least five years of experience in their chosen field.
(5) Of the members first appointed to the panel, four shall serve for a term of two years and five shall serve for a term of three years, as determined by lot. Thereafter, members shall be appointed for a term of three years.
(c) The panel, at a minimum and as necessary, shall do all of the following:
(1) (A) Review data on the
impact
impacts and benefits
that agriculture has on the environment and recommend to the secretary and other appropriate state agencies data that the panel determines is scientifically valid.
(B) A state agency that receives data recommended by the panel may adopt and incorporate the data into the appropriate program.
(C)  If a state agency does not utilize the data recommended by the panel, the state agency shall provide the panel with a written statement of reasons for not doing so. The reasons shall specify, at a minimum, the scientific basis for not utilizing the data. The reasons shall be provided within 180 days of receiving the data.
(2) Compile the net environmental impacts of agriculture on the environment, identified pursuant to paragraph (1), for use by the department, other relevant state agencies, and the public.
(3) Research, review, and comment on data upon which proposed environmental policies and regulatory programs are based to ensure that the environmental impacts of agricultural activities are accurately portrayed and to identify incentives that may be provided to encourage agricultural practices with environmental benefits.
(4) Assist government agencies to incorporate benefits identified pursuant to paragraph (1) into environmental regulatory programs.
(5) Review and advise the secretary and the State Board of Food and Agriculture on existing and proposed programs and projects that provide technical, educational, and financial assistance, including, but not limited to, competitive grants to agricultural producers that will result in multiple environmental and health benefits, including, but not limited to, reduced greenhouse gas emissions, increased carbon storage in soils and woody biomass, improved air and water quality, enhanced wildlife habitat, and improved local health outcomes.
(d) The State Air Resources Board, in consultation with the secretary and the panel, shall consider, and recommend, as appropriate, in the guidance developed pursuant to subdivision (b) of Section 16428.9 of the Government Code, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program established pursuant to subdivision (b) of Section 569, including, but not limited to, the Natural Resources Conservation Service’s National Conservation Practice Standards and COMET-Farm and other quantification tools.
(e) The panel may establish ad hoc committees, which may include professionals or scientists, to assist it in performing its functions.
(f) (1) The panel shall submit a biennial report to the Legislature, the Governor, the agencies represented on the panel, and the State Board of Food and Agriculture that includes all of the following:
(A) A description of the work conducted by the panel during the prior two-year period.
(B) The panel’s action plan for the next two years, including goals and performance measures.
(2) The first report shall be submitted two years after the panel’s first meeting or January 1, 2019, whichever occurs first.
(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g) The panel shall be created and maintained with funds made available from existing resources within the department to the extent they are available.
SEC. 5.
Section 569 is added to the Food and Agricultural Code, to read:
569.
(a) The sum of twenty-five million dollars ($25,000,000) shall be available, upon appropriation by the Legislature, from the fund to the department to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, including, but not limited to, all of the following:
(1) Soil-building and carbon-sequestration practices, including the increased use of compost and biochar, cover crops, and low- and no-till practices.
(2) Irrigation efficiency and water conservation measures, including soil-moisture monitoring, irrigation scheduling, high-efficiency water delivery technologies, dry farming, and on-farm water catchment.
(3) Alternative-energy production and energy efficiency, including energy produced from agricultural waste from a farm or at
a
an agricultural
processing facility located in the state, and improved on-farm
operational
energy
efficiencies.
(4) Wildlife habitat conservation, including hedgerow planting, native grass planting and restoration, agroforestry, and managed grazing for enhanced habitat.
(b) The department, in consultation with the panel, shall develop and implement a grant program to carry out the purposes of this article.
(c) The secretary and the Secretary of the Natural Resources Agency shall enter into a memorandum of agreement among the department, the Department of Conservation, and other relevant state agencies to ensure the greatest possible coordination and collaboration in implementing the programs and projects funded pursuant to this section.
SEC. 6.
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 follows:
(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. Moneys 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 of the fund shall be expended for affordable housing, consistent with the provisions of that program and no less than
two
2
percent of the annual proceeds of the fund shall be expended for agricultural land protection consistent with Section 75217.5 of the Public Resources Code.
(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.
(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the moneys subject to Section 39719.1 shall not be included.
SEC. 7.
Section 75217.5 is added to the Public Resources Code, to read:
75217.5.
(a) The Legislature finds and declares all of the following:
(1) It is in the interest of the state to provide incentives for the use of agricultural land management practices that will reduce greenhouse gas emissions, sequester carbon in soils and woody biomass, and provide other cobenefits on working agricultural operations.
(2) The council’s Sustainable Agricultural Lands Conservation Program, established pursuant to this chapter, has three elements, including financial incentives for the adoption and use of land management practices that achieve these goals.
(3) The 2014 program guidelines establish grant programs for the 2014–15 fiscal year to promote agricultural lands strategic planning and agricultural land conservation easements, but the guidelines do not establish a grant program to provide incentives for agricultural land management practices.
(b) (1) The council, no later than the 2015–16 fiscal year, shall establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations. The council shall consult with the Department of Food and Agriculture and the Environmental Farming
Science
Advisory Panel, established pursuant to Section 568 of the Food and Agricultural Code, when developing the grant program and guidelines.
(2) The council, as part of the grant program established pursuant to this subdivision, shall give priority to working agricultural operations that adopt land management practices that achieve the goals described in paragraph (1).

Summary: Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene a 5-member Scientific Advisory Panel on Environmental Farming for the purpose of providing advice and assistance to federal, state, and local government agencies on issues relating to air, water, and wildlife habitat, as specified. This bill instead would authorize, rather than require, the environmental farming program to provide incentives, including loans, grants, research, technical assistance, or educational materials and outreach, to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat, and reduce on-farm greenhouse gas emissions or increase carbon storage in agricultural soils and woody biomass, or both. The bill would rename the panel the Environmental Farming Science Advisory Panel and revise the panel’s membership and duties, as specified. The bill would require the panel to provide a biennial report describing its work to the Legislature and the Governor, among others. The bill would provide that $25,000,000 shall be made available to the department, upon appropriation, from the Greenhouse Gas Reduction Fund to support projects to demonstrate agricultural management practices and activities that reduce greenhouse gas emissions and increase carbon storage in agricultural soils and woody biomass, as specified. The bill would require the department, in consultation with the panel, to develop and implement a grant program to carry out the purposes of the act and would require the State Air Resources Board, in consultation with the secretary and the panel, to consider and recommend, as appropriate, the use of available tools to demonstrate and quantify greenhouse gas emissions reductions from the grant program. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 20 of the annual proceeds of the fund to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program, as provided. This bill would require the council, no later than the 2015–16 fiscal year, to establish and administer a grant program, as part of the Sustainable Agricultural Lands Conservation Program established by the council in conjunction with the Affordable Housing and Sustainable Communities Program, to provide financial incentives for the adoption and use of land management practices that reduce greenhouse gas emissions, sequester carbon in soil and woody biomass, and provide other cobenefits on working agricultural operations, as specified. The bill would continuously appropriate 2 of the annual proceeds of the fund to the Strategic Growth Council to be expended for agricultural land protection consistent with the provisions of that grant program, thereby making an appropriation.

An act to amend Sections 564, 566, and 568 of, and to add Sections 562 and 569 to, the Food and Agricultural Code, to amend Section 39719 of the Health and Safety Code, and to add Section 75217.5 to the Public Resources Code, relating to agriculture, and making an appropriation therefor.


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

SECTION 1.
This act shall be known and may be cited as the California Workplace Flexibility Act of
2015.
2016.
SEC. 2.
The Legislature finds and declares all of the following:
(a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit.
(b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule.
(c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid.
(d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families.
(e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child’s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule.
(f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of
2015
2016
to protect workers as follows:
(1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule.
(2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act.
(3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act.
(4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week.
(g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit.
SEC. 3.
Section 510 of the Labor Code is amended to read:
510.
(a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following:
(1) An alternative workweek schedule adopted pursuant to Section 511.
(2) An employee-selected flexible work schedule adopted pursuant to Section 511.5.
(3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514.
(4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.
(b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code.
(c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law.
SEC. 4.
Section 511.5 is added to the Labor Code, to read:
511.5.
(a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule.
(b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee’s regular rate of pay.
(c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment.
(d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee.
(e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state.
(f) This section shall be liberally construed to accomplish its purposes.
(g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section.
(2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.

Summary: Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, workweek and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 23 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill would enact the California Workplace Flexibility Act of 2015. 2016. The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, workweek and would allow the employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would prescribe a method for calculating the payment of overtime for hours worked in excess of the permitted amounts and would establish requirements for termination of these agreements. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.

An act to amend Section 510 of, and to add Section 511.5 to, the Labor Code, relating to employment.


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

SECTION 1.
Section 120440 of the Health and Safety Code is amended to read:
120440.
(a) For the purposes of this chapter, the following definitions shall apply:
(1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200).
(2) “Schools, child care facilities, and family child care homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients.
(3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106.
(4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients.
(5) “County welfare department” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code.
(6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California.
(7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration.
(b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners:
(A) Separately within their individual jurisdictions.
(B) Jointly among more than one jurisdiction.
(2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to
(10),
(12),
inclusive, of subdivision (c) with other health officers jointly operating the system.
(c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to
(10),
(12),
inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to
(10),
(12),
inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9)
and (10)
to (12), inclusive
, to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision:
(1) The name of the patient or client and names of the parents or guardians of the patient or client.
(2) Date of birth of the patient or client.
(3) Types and dates of immunizations received by the patient or client.
(4) Manufacturer and lot number for each immunization received.
(5) Adverse reaction to immunizations received.
(6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record.
(7) Results of tuberculosis screening.
(8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client.
(9) Patient’s or client’s gender.
(10) Patient’s or client’s place of birth.
(11) Patient’s height, weight, and body mass index.
(12)
Other patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers.
(d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes:
(A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due.
(B) To provide or facilitate provision of third-party payer payments for immunizations.
(C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations.
(D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows:
(A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code.
(B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers.
(C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations.
(D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers.
(e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following:
(1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information.
(2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d).
(3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it.
(4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.
(f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number.
(2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client.
(g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d).
(h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following:
(A) Provide the name and address of other persons or agencies with whom the recipient has shared the information.
(B) Stop sharing the information in its possession after the date of the receipt of the request.
(2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.
(i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included.
(j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section.
(2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing.
(3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing.
(k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following:
(1) Providing department records containing information about publicly funded immunizations.
(2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans.
(l)  Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).

Summary: Existing law regulates the sharing of a patient’s or client’s immunization information between a health care provider, a local health department, the State Department of Public Health, and other agencies. Existing law prescribes the process by which a patient or client, or parent or guardian of a patient or client, may refuse to allow the information to be shared and requires the health care provider administering the immunization to provide the patient with a designated notice. Existing law permits local health departments and the department to share the name of a patient or client, or parent or guardian of a patient or client, with a state, local health department, health care provider, immunization information system, or any representative of an entity designated by federal or state law to receive this information, and authorizes the department to enter into written agreements to share this information with other states for specified purposes, unless the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared. Under existing law, the patient or client, or parent or guardian of the patient or client, has the right to examine shared immunization-related information and to correct errors in it. Under existing law, unless the patient or client or patient’s or client’s parent or guardian, refuses the recordsharing of information, health care providers and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose, to local health departments operating countywide or regional immunization information and reminder systems and the department, specified information, including, but not limited to, the name, date of birth, gender, and birthplace of a patient or client. This bill would include the patient’s or client’s height, weight, and body mass index, and other patient or client information of public health importance as determined by the department, in consultation with the California Conference of Local Health Officers, in the list of information that may be shared.

An act to amend Section 120440 of the Health and Safety Code, relating to public health.


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

SECTION 1.
In consideration of the diminished numbers of full-time faculty in the community college system due to the state recession and the concomitant budget cuts in public education generally and community colleges specifically, it is the intent of the Legislature to improve and enhance the mission of the community colleges and the services and opportunities provided to students by increasing the number of full-time faculty in the California Community Colleges to better situate the community colleges to realize their mission goals and the goals and recommendations set forth by the Student Success Task Force report of 2012.
SEC. 2.
Section 84362.5 is added to the Education Code, to read:
84362.5.
(a) This section shall be known, and may be cited, as the Community College Excellence in Education Act.
(b) All districts shall report to the board of governors, by March 31, 2016, the total number of
classroom and nonclassroom
full-time equivalent faculty (FTEF)
positions staffed by faculty teaching overload assignments
attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments,
during the period
of
July 1, 2014, to June 30, 2015, inclusive.
(c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of
classroom and nonclassroom
FTEF
positions
that may be staffed by
faculty teaching overload assignments
part-time temporary faculty
and by contract or regular faculty while working on overload assignments
until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent.
(d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following:
(1) Maintain a full-time faculty percentage of 75 percent or greater.
(2) Not exceed its maximum allowable number of
classroom and nonclassroom
FTEF
positions
that may be staffed by
faculty teaching overload assignments, as
part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number
calculated pursuant to subdivision (b).
(e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year.
(2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g).
(f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship.
(2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition.
(g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following:
(1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board.
(2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district.
(h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund.
(i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year.
(j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a
full-time
regular
faculty member.
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 establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law authorizes the employment of community college faculty and establishes certain rights for these employees. This bill would require community college districts to report to the board of governors, by March 31, 2016, the total number of full-time equivalent faculty (FTEF) positions staffed by faculty teaching overload assignments attributable to part-time temporary faculty and to contract or regular faculty while working on overload assignments during the period of July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016, the bill would require that reported number to become that district’s maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments part-time temporary faculty and by contract or regular faculty while working on overload assignments until the district’s full-time faculty percentage is greater than or equal to 75. Upon reaching the 75 threshold, the bill would require a district to maintain a full-time faculty percentage of 75 or higher, or not exceed the district’s previously calculated maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments. part-time temporary faculty and by contract or regular faculty while working on overload assignments. The bill would require the governing board to determine if a district has failed to comply with the above requirements, and, if so, to designate a specified amount of the district’s apportionment or apportionments that would be required to be deposited in the county treasury, but unavailable to the district. The bill would authorize a district to submit an application for an exemption from the requirements of the bill in cases of serious hardship, as specified. Upon receipt of the exemption application, the bill would require the governing board to grant exemptions, as specified. The bill would require the amount exempted to be immediately available for expenditure by the governing board and the amount not exempted to be returned to the State School Fund. The bill would require the board of governors to enforce the requirements of the bill and would authorize them to adopt necessary rules and regulations. This bill would prohibit a district from assigning a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person achieves tenured status as a full-time regular faculty member. By placing additional requirements on community college districts, 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 Section 84362.5 to the Education Code, relating to community college faculty.


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

SECTION 1.
Section 20209.14 of the Public Contract Code is amended to read:
20209.14.
(a) This article shall remain in effect only until January 1, 2017, and as of that date is repealed.
(b) This article shall only apply to transit operators that begin a project solicitation before January 1, 2015. A transit operator that begins a project solicitation on or after January 1, 2015, is subject to Chapter 4 (commencing with Section 22160).
SEC. 2.
Section 22161 of the Public Contract Code is amended to read:
22161.
For purposes of this chapter, the following definitions apply:
(a) “Best value” means a value determined by evaluation of objective criteria that may include, but not be limited to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors.
(b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.
(e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Local agency” means the following:
(1) A city, county, or city and county.
(2) A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities.
(3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects.
(4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code).
(g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities.
(2) For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities.
(3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects.
(4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency.
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 San Diego Association of Governments’ unique responsibilities as the consolidated transportation agency with capital project implementation responsibilities, which include design and construction of transit infrastructure, and to bring the San Diego Association of Governments into alignment with existing authority held by other agencies with transit development responsibilities.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law authorizes local agencies to use the design-build method of project delivery for specified projects, except for projects on the state highway system. Existing law defines “local agency” for purposes of these provisions as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, joint powers authorities formed to provide transit service, and specified types of local public entities responsible for the construction of transit projects. These provisions further define “project” specifically for each category of local agency. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. This bill would specify that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill would define projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association. By expanding the design-build authorization of the San Diego Association of Governments to additional development projects, the bill would expand the scope of crime of perjury and would impose a state-mandated local program. This bill also makes a technical correction to a cross-reference. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Association of Governments. 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 Sections 20209.14 and 22161 of the Public Contract Code, relating to local public contracts.


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

SECTION 1.
Section 12206.1 is added to the Revenue and Taxation Code, to read:
12206.1.
(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 12206, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share.
(2) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits.
(b) (1) For a project that receives a preliminary reservation under Section 12206 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 12206 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions:
(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit.
(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 12206 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 12206” means a taxpayer that is allowed the credit under Section 12206 without regard to the purchase of a credit pursuant to this subdivision.
(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit.
(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision.
(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party.
(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party.
(ii) All or any portion of any credit allowed under Section 12206 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision.
(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 12206 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them.
(5) A taxpayer shall not sell a credit allowed by Section 12206 if the taxpayer was allowed the credit on any tax return of the taxpayer.
(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 12206 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation.
(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section.
SEC. 2.
Section 17058.1 is added to the Revenue and Taxation Code, to read:
17058.1.
(a) (1)  For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 17058, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share.
(2) To the extent the allocation of the credit to a partner under Section 17058 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1).
(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits.
(b) (1) For a project that receives a preliminary reservation under Section 17058 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 17058 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions:
(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit.
(B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 17058 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 17058” means a taxpayer that is allowed the credit under Section 17058 without regard to the purchase of a credit pursuant to this subdivision.
(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit.
(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision.
(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party.
(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party.
(ii) All or any portion of any credit allowed under Section 17058 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision.
(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 17058 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them.
(5) A taxpayer shall not sell a credit allowed by Section 17058 if the taxpayer was allowed the credit on any tax return of the taxpayer.
(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 17058 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation.
(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section.
SEC. 3.
Section 23610.7 is added to the Revenue and Taxation Code, to read:
23610.7.
(a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 23610.5, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share.
(2) To the extent the allocation of the credit to a partner under Section 23610.5 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1).
(3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits.
(b) (1) For a project that receives a preliminary reservation under Section 23610.5 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 23610.5 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions:
(A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit.
(B) (i) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 23610.5 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state.
(ii) For purposes of this subparagraph, “taxpayer allowed the credit under Section 23610.5” means a taxpayer that is allowed the credit under Section 23610.5 without regard to any of the following:
(I) The purchase of a credit under Section 23610.5 pursuant to this subdivision.
(II) The assignment of a credit under Section 23610.5 pursuant to subdivision (q) of Section 23610.5.
(III) The assignment of a credit under Section 23610.5 pursuant to Section 23363.
(2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit.
(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision.
(3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party.
(B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party.
(ii) All or any portion of any credit allowed under Section 23610.5 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision.
(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 23610.5 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them.
(5) A taxpayer shall not sell a credit allowed by Section 23610.5 if the taxpayer was allowed the credit on any tax return of the taxpayer.
(6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 23610.5 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation.
(c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section.
SEC. 4.
(a) The California Tax Credit Allocation Committee shall enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in the administration of Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code as added by this act.
(b) (1) The California Tax Credit Allocation Committee shall report to the Legislature as follows:
(A) On or before January 1, 2021, for calendar years 2016 to 2019, inclusive, the total amounts of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers.
(B) On or before January 1, 2025, for calendar years 2016 to 2023, inclusive, the total of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers.
(2) The reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 5.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Summary: Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, income, and corporation tax credit amounts among low-income housing projects based on federal law. This bill, beginning on or after January 1, 2016, and before January 1, 2026, would allow a taxpayer that is allowed a low-income housing tax credit to elect to sell all or a portion of that credit to one or more unrelated parties, as described, for each taxable year in which the credit is allowed for not less than 80 of the amount of the credit to be sold, and would provide for the one-time resale of that credit, as provided. The bill would require the California Tax Credit Allocation Committee to enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in administering these provisions. The bill would require the California Tax Credit Allocation Committee to report to the Legislature on the total amounts of credits allowed to, and sold by, taxpayers pursuant to these provisions, as specified. Existing law, in the case of a partnership, requires the allocation of the credits, on or after January 1, 2009, and before January 1, 2016, to partners based upon the partnership agreement, regardless of how the federal low-income housing tax credit, as provided, is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, as specified. This bill would extend these provisions indefinitely. This bill would take effect immediately as a tax levy.

An act to add Sections 12206.1, 17058.1, and 23610.7 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.