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

SECTION 1.
Section 8024.8 is added to the Business and Professions Code, to read:
8024.8.
(a) On or before July 1, 2017, the board shall adopt regulations to establish minimum continuing education requirements for renewal of a certificate issued pursuant to this chapter. No earlier than six months after the effective date of the regulations, to renew his or her certificate, a certificate holder shall, in addition to the requirements of Section 8024, submit to the board, on a form prescribed by the board, that he or she has completed the minimum continuing education requirements.
(b) The board shall ensure that the continuing education required by this section is relevant to the practice of shorthand reporting.
(c) The board shall ensure that the continuing education required by this section includes a minimum of two hours of course credits in ethics and professional conduct of shorthand reporting.
(d) The board shall ensure that the continuing education required by this section is not less than 8 hours and not more than 12 hours of course credits every two years.
(e) The board shall also establish a procedure for approving providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board. The board may establish a fee for providers of continuing education courses pursuant to Section 8031. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with the requirements of this section or any regulation adopted pursuant to this section.
(f) The board may establish exceptions to the continuing education requirements of this section for a certificate holder who cannot meet the continuing education requirements for reasons of health, military service, or undue hardship.
(g) The continuing education requirements of this section shall comply with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
(h) The board shall, in collaboration with the Judicial Council, develop a list of courses that satisfy the requirements of both this section and Rule 10.474 of Title 10 of the California Rules of Court. The courses on this list may be used to satisfy the requirements of both this section and Rule 10.474.
(i) The board may adopt regulations as necessary to implement this section.
SEC. 2.
Section 8031 of the Business and Professions Code is amended to read:
8031.
The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule:
(a) The fee for filing an application for each examination shall be no more than forty dollars ($40).
(b) The fee for examination and reexamination for the written or practical part of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration.
(c) The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire.
(d) By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than one hundred twenty-five dollars ($125) nor less than ten dollars ($10) annually, with the following exception:
Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee.
(e) The duplicate certificate fee shall be no greater than ten dollars ($10).
(f) The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50).
(g) The fee for approval of a continuing education provider shall be fixed by the board through regulation in an amount to cover the reasonable regulatory cost to the board of approving those continuing education providers, but shall be no greater than forty dollars ($40).

Summary: Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs, and provides for the regulation of shorthand reporting schools by the board. Existing law provides for the renewal of a shorthand reporter’s certificate if specified requirements are met. Existing law sets forth specified fees for the examination for, and the issuance and renewal of, a shorthand reporter’s certificate. This bill would require the board, on or before July 1, 2017, to adopt regulations to establish, for renewal of a shorthand reporter’s certificate, minimum approved continuing education requirements, with certain exceptions, and would require the board to establish a procedure for approving providers of those continuing education courses, as specified. The bill would also require the board to collaborate with the Judicial Council to develop a list of courses that satisfy the continuing education requirements of both these provisions and a specified rule, applicable to trial court personnel, of the California Rules of Court. The bill would also authorize the board to, by regulation, establish a fee for approval of those continuing education providers, not to exceed the reasonable regulatory costs, if any, to the board of approving those providers.

An act to amend Section 8031 of, and to add Section 8024.8 to, the Business and Professions Code, relating to shorthand reporters.


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

SECTION 1.
Section 1098 of the Civil Code is amended to read:
1098.
(a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property. A transfer fee does not include any of the following:
(1) Fees or taxes imposed by a governmental entity.
(2) Fees pursuant to mechanics’ liens.
(3) Fees pursuant to court-ordered transfers, payments, or judgments.
(4) Fees pursuant to property agreements in connection with a legal separation or dissolution of marriage.
(5) Fees, charges, or payments in connection with the administration of estates or trusts pursuant to Division 7 (commencing with Section 7000), Division 8 (commencing with Section 13000), or Division 9 (commencing with Section 15000) of the Probate Code.
(6) Fees, charges, or payments imposed by lenders or purchasers of loans, as these entities are described in subdivision (c) of Section 10232 of the Business and Professions Code.
(7) Assessments, charges, penalties, or fees authorized by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4) or by the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4).
(8) Fees, charges, or payments for failing to comply with, or for transferring the real property prior to satisfying, an obligation to construct residential improvements on the real property.
(9) (A) Any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that substantially complies with subdivision (a) of Section 1098.5 by providing a prospective transferee notice of the following:
(i) Payment of a transfer fee is required.
(ii) The amount or method of calculation of the fee.
(iii) The date or circumstances under which the transfer fee payment requirement expires, if any.
(iv) The entity to which the fee will be paid.
(v) The general purposes for which the fee will be used.
(B) A fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, is a “transfer fee” for purposes of Section 1098.5. A transfer fee recorded against the property on or before December 31, 2007, that complies with subparagraph (A) and incorporates by reference from another document is unenforceable unless recorded against the property on or before December 31, 2016, in a single document that complies with subdivision (b) and with Section 1098.5.
(b) The information in paragraph (9) of subdivision (a) shall be set forth in a single document and shall not be incorporated by reference from any other document.
SEC. 2.
Section 1098.5 of the Civil Code is amended to read:
1098.5.
(a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or before December 31, 2008, against the real property in the office of the county recorder for the county in which the real property is located a separate document that meets all of the following requirements:
(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the fee.
(C) If the real property is residential property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(b) When a transfer fee, as defined in Section 1098, is imposed upon real property on or after January 1, 2008, the person or entity imposing the transfer fee, as a condition of payment of the fee, shall record in the office of the county recorder for the county in which the real property is located, concurrently with the instrument creating the transfer fee requirement, a separate document that meets all of the following requirements:
(1) The title of the document shall be “Payment of Transfer Fee Required” in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject to the transfer fee, and the legal description and assessor’s parcel number for the affected real property.
(B) The amount, if the fee is a flat amount, the percentage of the sales price constituting the cost of the fee, or the method for calculating the amount.
(C) If the real property is residential property and the amount of the fee is based on the price of the real property, actual dollar-cost examples of the fee for a home priced at two hundred fifty thousand dollars ($250,000), five hundred thousand dollars ($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and specific contact information regarding where the funds are to be sent.
(G) The signature of the authorized representative of the entity to which funds from the fee will be paid.
(c) The recorder shall only be responsible for examining that the document required by subdivision (a) or (b) contains the information required by subparagraphs (A), (F), and (G) of paragraph (2) of subdivision (a) or (b). The recorder shall index the document under the names of the persons and entities identified in subparagraphs (A) and (F) of paragraph (2) of subdivision (a) or (b). The recorder shall not examine any other information contained in the document required by subdivision (a) or (b).
SEC. 3.
Section 1102.6e of the Civil Code is amended to read:
1102.6e.
If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure statement required pursuant to Section 1102.6 is provided if the document required by subdivision (b) of Section 1098.5 has not already been provided, an additional disclosure statement containing all of the following:
(a) Notice that payment of a transfer fee is required as a result of transfer of the property.
(b) The amount of the fee required for the asking price of the real property, if the amount of the fee is based on the price of the real property, and a description of how the fee is calculated.
(c) Notice that the final amount of the fee may be different if the fee is based upon a percentage of the final sale price.
(d) The entity to which funds from the fee will be paid.
(e) The purposes for which funds from the fee will be used.
(f) The date or circumstances under which the obligation to pay the transfer fee expires, if any.
SEC. 4.
The Legislature finds and declares that the addition of subdivision (b) to Section 1098 of, and the amendments to Sections 1098.5 and 1102.6e of, the Civil Code made by this act are clarifying and declaratory of existing law.

Summary: Existing law defines a transfer fee as a fee payment requirement imposed in any covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of real property that requires a fee be paid upon transfer of the real property, with specified exceptions. Existing law, with regard to a transfer fee imposed upon real property on or after January 1, 2008, requires the person or entity imposing the transfer fee, as a condition of payment of the fee, to record a specified document describing the transfer fee concurrently with the instrument creating the transfer fee requirement. Existing law requires these recorded documents to include information on the amount of the fee and actual dollar examples of the fee for a residential property, among other things. Existing law requires a transferor of residential real property subject to transfer fees to make a specified disclosure regarding those fees. This bill would specify that the required information on the recorded document include the method for calculating the amount of the transfer fee, if not a flat amount or a percentage of the sales price, and include the actual dollar examples of the fee for a residential property if the amount of the fee is based on the price of the real property. The bill would also require the transferor of residential real property subject to transfer fees to make the specified disclosure regarding those fees if the recorded document describing the transfer fees has not already been provided. The bill would also clarify the definition of a transfer fee. Existing law excludes from the definition of a transfer fee any fee reflected in a document recorded against the property on or before December 31, 2007, that is separate from any covenants, conditions, and restrictions, and that provides a prospective transferee notice of specified information, including the amount or method of calculation of the fee. This bill would specify that the information shall be set forth in a single document and may not be incorporated by reference from any other document. This bill would provide that a fee reflected in a document recorded against the property on or before December 31, 2007, that is not separate from any covenants, conditions, and restrictions, or that incorporates by reference from another document, constitutes a transfer fee for the purposes of requirements relating to these fees. The bill would make unenforceable a transfer fee recorded against the property on or before December 31, 2007, that complies with the provisions described above and that incorporates by reference from another document unless it is recorded against the property on or before December 31, 2016, in a single document that complies with the provisions described above. This bill would also make a legislative finding that certain changes made by this bill are clarifying and declaratory of existing law.

An act to amend Sections 1098, 1098.5, and 1102.6e of the Civil Code, relating to real estate transfer fees.


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

SECTION 1.
Chapter 4 (commencing with Section 350) is added to Part 1 of Division 1 of Title 1 of the
Education Code
, to read:
4.
Pupils of Limited Academic English Proficiency
350.
(a)For purposes of this chapter, “pupils of limited academic English proficiency” is defined as pupils who do not have the clearly developed academic English language skills of comprehension, speaking, reading, and writing necessary to receive instruction in English at a level substantially equivalent to pupils of the same age or grade whose primary language is also English.
(b)For purposes of this chapter, “academic English” and “academic language” shall have the same meaning and are defined as the oral, written, auditory, and visual language proficiency required to learn effectively in school and academic programs. Academic English and academic language is the language used in classroom lessons, books, tests, and assignments, and it is the language that pupils are expected to learn and achieve fluency in. Frequently contrasted with “conversational” or “social” language, academic language includes a variety of formal-language skills such as vocabulary, grammar, punctuation, syntax, discipline-specific terminology, or rhetorical conventions, that allow pupils to acquire knowledge and academic skills while also successfully navigating school policies, assignments, expectations, and cultural norms.
350.1.
(a)On or before September 1, 2016, the Superintendent, in consultation with the department and local educational agencies, shall develop a formal process to identify pupils who may meet the definition in subdivision (a) of Section 350.
(b)The process may, at a minimum, provide special consideration to pupils who meet any of the following criteria:
(1)Scores in the lowest achievement levels on the Smarter Balanced Assessment System summative and interim assessments.
(2)Receives less than a passing grade on one or more consecutive progress and report cards in English language arts.
(3)Is identified by teachers or faculty members as a candidate who may meet one or more of the criteria in paragraphs (1) or (2).
350.2.
(a)On or before January 1, 2017, the department, in consultation with local educational agencies, shall develop a study on best practices for providing instruction to pupils of limited academic English proficiency, and shall provide this study to members of the Legislature, the Office of the Legislative Analyst, and the Governor. The study shall include, but not be limited to, information relating to all of the following:
(1)Existing state and local programs.
(2)Effective pedagogical and instructional methods for pupils of limited academic English proficiency.
(3)Professional development and training needs for teachers who would be likely to provide instruction to pupils of limited academic English proficiency.
(b)The study required to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
350.3.
(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, on or before September 1, 2017, the department shall develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency identified through the formal process, pursuant to Section 350.1, for purposes of identifying an adequate method of instruction for these pupils.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the designation of a pupil of limited academic English proficiency to academic English proficient.
350.4.
(a)Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, commencing with the 2018–19 school year, the assessment developed pursuant to Section 350.3 shall be conducted upon initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is designated as academic English proficient pursuant to Section 350.5.
(b)For purposes of this section, school districts may utilize a pupil scoring at the highest achievement levels of 3 or higher on the Smarter Balanced Assessment System summative and interim assessments to designate the pupil as academic English proficient. If a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district shall provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments.
(c)The assessments conducted pursuant to this section shall be conducted in a manner consistent with federal statutes and regulations.
350.5.
Notwithstanding any other law, including Article 3.5 (commencing with Section 313) of Chapter 3, the Superintendent shall develop a procedure to designate a pupil of limited academic English proficiency as academic English proficient. The designation procedure developed by the Superintendent shall utilize multiple criteria in determining whether to designate a pupil as proficient in academic English, including, but not limited to, all of the following:
(a)Assessment of academic language proficiency using an objective assessment instrument.
(b)Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery.
(c)Parental opinion and consultation.
(d)Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of academic English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in academic English to participate effectively in a curriculum designed for pupils of the same age.
350.6.
This chapter does not preclude a school district or county office of education from testing pupils of limited academic English proficiency more than once in a school year if the school district or county office of education chooses to do so.
SECTION 1.
Section 314 is added to the Education Code, to read:
314.
(a) Contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing this section, the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, shall conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program. This evaluation shall include data collection and analysis, and shall address policy questions regarding identification, assessment, instruction, and professional development of, and curriculum and definitions of proficiency for, pupils of limited academic English proficiency. The evaluation shall be completed by ____ and shall be submitted to the appropriate fiscal and policy committees of the Legislature.
(b) This section is repealed on January 1, 20____.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting an assessment of pupils who are English learners in order to determine the level of English proficiency. Existing law requires each school district that has one or more pupils who are English learners, to assess the English language development of each pupil. Existing law requires this assessment to be conducted upon initial enrollment, and annually thereafter, during a period determined by the Superintendent of Public Instruction and the state board. This bill would, notwithstanding the above provisions, require the department, on or before September 1, 2017, to develop an assessment tool to determine the proficiency level of pupils of limited academic English proficiency, as defined, and as determined by a formal process that the bill would require the Superintendent to develop in consultation with the department and local educational agencies, as provided. The bill would require the assessment to be conducted upon a pupil’s initial enrollment or as early as possible after enrollment, in order to provide information to determine if the pupil is a pupil of limited academic English proficiency, and annually thereafter, during a period of time determined by the Superintendent and the state board. The bill would require the annual assessments to continue until the pupil is designated as academic English proficient, as provided. The bill would require, if a pupil is still performing at a level of limited academic English proficiency after the grade 8 Smarter Balanced Assessment System summative and interim assessments, the school district to provide targeted resources with the goal of the pupil scoring at the level of 3 or higher on the grade 11 Smarter Balanced Assessment System summative and interim assessments. By creating new duties for a local educational agency, this bill would impose a state-mandated local program. This bill would, contingent on the enactment of an appropriation in the annual Budget Act or related legislation for the purpose of implementing these provisions, require the Los Angeles Unified School District, in partnership with the University of California, Los Angeles Center X, to conduct an evaluation of the Los Angeles Unified School District’s Academic English Mastery Program, as specified. The bill would require the evaluation to be completed by an unspecified date and submitted to the appropriate fiscal and policy committees of the Legislature. To the extent the bill would impose additional duties on the Los Angeles Unified School District, the 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
Chapter 4 (commencing with Section 350) to Part 1 of Division 1 of Title 1
and repeal Section 314
of the Education Code, relating to English proficiency.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California relies on three separate state agencies to administer and enforce its major taxes.
(b) To obtain assistance and comply with California’s tax laws, policies, and procedures, many taxpayers must interact with all three agencies, and frequently with multiple departments within those agencies.
(c) While this system has performed reasonably well in many respects, the multiagency nature of the system is prone to certain inherent problems, difficulties, and inefficiencies, and is particularly complex for taxpayers required to comply with California’s tax laws.
(d) Over the past decades, numerous reports have been prepared and various legislative proposals have been considered on the topic of coordination and cooperation among these three agencies. The focus of these efforts range from relatively minor aspects of increased cooperation to proposals for full consolidation of the agencies under “one roof.”
(e) Focusing on the customer should be a core element of California’s tax administration. Taxpayers should not have to understand complex government structures and relationships in order to interact with the government, particularly in a sensitive area like taxes.
(f) The California Tax Service Center, available at www.taxes.ca.gov, provides an assortment of independent departmental forms, returns, and links, tied together by a common homepage on the Internet, and is intended to provide California taxpayers with resources and educational programs with a goal as a one-stop tax assistance hub.
(g) The California Tax Service Center can be used to better serve California’s taxpaying community by virtually consolidating the three agencies’ operations to enable them to appear as one unified organization with the goal of providing a seamless experience for taxpayers in their online interactions with the agencies.
(h) It is therefore in California’s best interest to develop an Internet Web-based, taxpayer-focused system that virtually consolidates the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. In developing a taxpayer-focused system, the fundamental objective should be a platform that provides an integrated experience for taxpayers, to enable online self-service access with a single logon for all three agencies, and to provide pertinent and essential information that will enable taxpayers to satisfy their payment and reporting obligations, obtain real-time information pertinent to their individual accounts, and provide assistance that will enable taxpayers to achieve optimum compliance with California’s complex tax system.
SEC. 2.
Section 39 is added to the Revenue and Taxation Code, to read:
39.
(a) (1) On or before January 1, 2017, the board, the Franchise Tax Board, and the Employment Development Department shall collaborate and focus their current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web-based portal that virtually consolidates the agencies to enable online, self-service access through a single logon for taxpayers to electronically file returns, submit forms or other information, determine account balances and due dates of taxes, remit amounts due, identify the status of any appeal, claim for refund, request for relief of interest or penalty, and any other information the agencies deem helpful to the taxpayer to assist in compliance with the state’s tax laws. The feasibility study shall consider the California Tax Service Center Internet Web site in its analysis.
(2) The feasibility study shall be conducted with the existing budgets of the board, the Franchise Tax Board, and the Employment Development Department. An appropriation shall not be made by the Legislature to fund the feasibility study.
(3) The feasibility study shall be submitted to the Legislature no later than six months after the study is completed and shall be submitted in compliance with Section 9795 of the Government Code.
(4) This subdivision shall become inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code.
(b) As part of this effort, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, these agencies shall also consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers.
SECTION 1.
Section 34 of the
Revenue and Taxation Code
is amended to read:
34.
Whenever an amount of money paid by a person to the state or any of its agencies includes a sum that can be identified as in fact intended as payment of a locally administered tax that should have been paid directly to a city, city and county, county or district within the state, the state or its agency may pay the amount to the local government entitled thereto and notify the payor of its action. This procedure, however, shall not be followed by the state or any of its agencies unless the governing body of the local government concerned has, by resolution, agreed with respect to those payments that a timely payment received by the state or its agency will be regarded as a timely payment to the local government concerned, and that it will process all claims with respect to that payment in the same manner as though the payment had been made to it in the first instance.

Summary: Existing law imposes various taxes that are administered by the Franchise Tax Board, the State Board of Equalization, and the Employment Development Department. This bill would require, on or before January 1, 2017, the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department to collaborate and focus the agencies’ current and future information technology efforts to conduct a feasibility study on the development of a single Internet Web site portal that virtually consolidates the agencies to enable online, self-service access to the agencies, as provided, and to submit the study to the Legislature. The bill would also require these agencies, upon a joint determination by the agencies that a need exists to improve cost-effective services to taxpayers and an appropriation by the Legislature, to consolidate forms, applications, and other documents to reduce or eliminate the number of multiple submissions of the same information by taxpayers. Under existing law, whenever an amount of money paid by a person to the state includes a sum that can be identified as intended as payment of a locally administered tax that should have been paid directly to a local government within the state, the state is authorized to pay the amount to the local government and notify the payor of its action. However, existing law prohibits this procedure from being followed unless the governing body of the local government has, by resolution, agreed with respect to those payments that a timely payment received by the state will be regarded as a timely payment to the local government concerned, as provided. This bill would make nonsubstantive changes to those provisions.

An act to
amend Section 34 of
add Section 39 to
the Revenue and Taxation Code, relating to taxation.


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

SECTION 1.
Section 8670.40 of the Government Code is amended to read:
8670.40.
(a) The State Board of Equalization shall collect a fee in an amount determined by the administrator to be sufficient to pay the reasonable regulatory costs to carry out the purposes set forth in subdivision (e), and a reasonable reserve for contingencies. The annual assessment shall not exceed six and one-half cents ($0.065) per barrel of crude oil or petroleum products. The oil spill prevention and administration fee shall be based on each barrel of crude oil or petroleum products, as described in subdivision (b).
(b) (1) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil at the time that the crude oil is received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from within or outside the state, and upon a person who owns petroleum products at the time that those petroleum products are received at a marine terminal, by any mode of delivery that passed over, across, under, or through waters of the state, from outside this state. The fee shall be collected by the marine terminal operator from the owner of the crude oil or petroleum products for each barrel of crude oil or petroleum products received.
(2) The oil spill prevention and administration fee shall be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a refinery within the state by any mode of delivery that passed over, across, under, or through waters of the state, whether from within or outside the state. The refinery shall collect the fee from the owner of the crude oil or petroleum products for each barrel received.
(3) (A) There is a rebuttable presumption that crude oil or petroleum products received at a marine terminal or a refinery have passed over, across, under, or through waters of the state. This presumption may be overcome by a marine terminal operator, refinery operator, or owner of the crude oil or petroleum products by showing that the crude oil or petroleum products did not pass over, across, under, or through waters of the state. Evidence to rebut the presumption may include, but shall not be limited to, documentation, including shipping documents, bills of lading, highway maps, rail maps, transportation maps, related transportation receipts, or another medium, that shows the crude oil or petroleum products did not pass over, across, under, or through waters of the state.
(B) Notwithstanding the petition for redetermination and claim for refund provisions of the Oil Spill Response, Prevention, and Administration Fees Law (Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code), the State Board of Equalization shall not do either of the following:
(i) Accept or consider a petition for redetermination of fees determined pursuant to this section if the petition is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.
(ii) Accept or consider a claim for a refund of fees paid pursuant to this section if the claim is founded upon the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.
(C) The State Board of Equalization shall forward to the administrator an appeal of a redetermination or a claim for a refund of fees that is based on the grounds that the crude oil or petroleum products did or did not pass over, across, under, or through waters of the state.
(4) The fees shall be remitted to the State Board of Equalization by the refinery operator or the marine terminal operator on the 25th day of the month based upon the number of barrels of crude oil or petroleum products received at a refinery or marine terminal during the preceding month. A fee shall not be imposed pursuant to this section with respect to crude oil or petroleum products if the person who would be liable for that fee, or responsible for its collection, establishes that the fee has already been collected by a refinery or marine terminal operator registered under this chapter or paid to the State Board of Equalization with respect to the crude oil or petroleum product.
(5) The oil spill prevention and administration fee shall not be collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery. A marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state may presume the fee has been previously collected.
(6) An owner of crude oil or petroleum products is liable for the fee until it has been paid to the State Board of Equalization, except that payment to a refinery operator or marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee.
(7) On or before January 20, the administrator shall annually prepare a plan that projects revenues and expenses over three fiscal years, including the current year. Based on the plan, the administrator shall set the fee so that projected revenues, including any interest and inflation, are equivalent to expenses as reflected in the current Budget Act and in the proposed budget submitted by the Governor. In setting the fee, the administrator may allow for a surplus if the administrator finds that revenues will be exhausted during the period covered by the plan or that the surplus is necessary to cover possible contingencies. The administrator shall notify the State Board of Equalization of the adjusted fee rate, which shall be rounded to no more than four decimal places, to be effective the first day of the month beginning not less than 30 days from the date of the notification.
(c) The moneys collected pursuant to subdivision (a) shall be deposited into the fund.
(d) The State Board of Equalization shall collect the fee and adopt regulations for implementing the fee collection program.
(e) The fee described in this section shall be collected solely for all of the following purposes:
(1) To implement oil spill prevention programs through rules, regulations, leasing policies, guidelines, and inspections and to implement research into prevention and control technology.
(2) To carry out studies that may lead to improved oil spill prevention and response.
(3) To finance environmental and economic studies relating to the effects of oil spills.
(4) To implement, install, and maintain emergency programs, equipment, and facilities to respond to, contain, and clean up oil spills and to ensure that those operations will be carried out as intended.
(5) To reimburse the State Board of Equalization for its reasonable costs incurred to implement this chapter and to carry out Part 24 (commencing with Section 46001) of Division 2 of the Revenue and Taxation Code.
(6) To fund the Oiled Wildlife Care Network pursuant to Section 8670.40.5.
(f) The moneys deposited in the fund shall not be used for responding to a spill.
(g) The moneys deposited in the fund shall not be used to provide a loan to any other fund.
(h) The amendments to this section enacted in Section 37 of Chapter 35 of the Statutes of 2014 shall become operative September 18, 2014.
SEC. 2.
Section 46008 is added to the Revenue and Taxation Code, to read:
46008.
“Barrel” means 42 gallons of crude oil or petroleum products.
SEC. 3.
Section 46018 of the Revenue and Taxation Code is repealed.
SEC. 4.
Section 46101 of the Revenue and Taxation Code is amended to read:
46101.
(a) Every person who operates a refinery in this state, a marine terminal in waters of the state, or operates a pipeline to transport crude oil out of the state or petroleum products into the state shall register with the board for the purposes of Section 8670.48 of the Government Code.
(b) Every person who operates a refinery in this state or a marine terminal in waters of the state shall register with the board for the purposes of Section 8670.40 of the Government Code.
SEC. 5.
It is the intent of the Legislature that the State Board of Equalization collect the oil spill prevention and administration fee imposed on crude oil or petroleum products pursuant to Section 8670.40 of the Government Code only upon first delivery to a refinery or marine terminal, as described in subdivision (b) of Section 8670.40 of the Government Code, and not upon subsequent movement of that same crude oil or petroleum products derived after that first delivery.

Summary: The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act imposes an oil spill prevention and administration fee in an amount determined by the administrator to be sufficient to implement oil spill prevention activities, but not to exceed $0.065 per barrel of crude oil or petroleum products, and to be remitted to the State Board of Equalization. The act requires the oil spill prevention and administration fee to be imposed upon a person owning crude oil or petroleum products at the time that the crude oil or petroleum products are received at a marine terminal or refinery by specified modes of delivery from within or outside the state, as specified. The act prohibits the fee from being collected by a marine terminal operator or refinery operator or imposed on the owner of crude oil or petroleum products if the fee has been previously collected or paid on the crude oil or petroleum products at another marine terminal or refinery and, in that case, requires a marine terminal operator, refinery operator, or owner of crude oil or petroleum products to demonstrate that the fee has already been paid. This bill instead would authorize a marine terminal operator or a refinery operator receiving petroleum products derived from crude oil refined in the state to presume the fee has been previously collected. The bill would also no longer require the owner of the crude oil or petroleum products to remit the fee to the board. The bill would make conforming changes. This bill would state the intent of the Legislature that the board collect the oil spill prevention and administration fee only upon first delivery to a refinery or marine terminal and not upon the subsequent movement of that same crude oil or petroleum products following that first delivery. Existing law requires every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil or petroleum products out of the state to register with the board. Existing law defines, for the purposes of the board’s administration of those provisions, certain terms, including, among others, oil. This bill instead would require every person who operates a refinery in this state, a marine terminal in waters of the state, or a pipeline to transport crude oil out of the state or petroleum products into the state to register with the board for the purposes of the oil spill prevention and administration fee and the uniform oil spill response fee, as applicable. The bill would delete the definition of oil, and would define barrel to mean 42 gallons of crude oil or petroleum products for these purposes.

An act to amend Section 8670.40 of the Government Code, and to amend Section 46101 of, to add Section 46008 to, and to repeal Section 46018 of, the Revenue and Taxation Code, relating to oil spills.


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

SECTION 1.
Section 22584 of the Business and Professions Code is amended to read:
22584.
(a) For the purposes of this section, “operator” means the operator of an Internet Web site, online service, online application, or mobile application
that,
pursuant to a contract or agreement with a school or district, establishes
with actual knowledge that
the site, service, or application
that
is used primarily for K–12 school purposes and was designed and marketed
primarily
for K–12 school purposes.
(b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application:
(1) (A) Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a).
(2) Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a K–12 student except in furtherance of K–12 school purposes.
(3) Sell a student’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information.
(4) Disclose covered information unless the disclosure is made:
(A) In furtherance of the K–12 purpose of the site, service, or application, provided the recipient of the covered information disclosed pursuant to this subparagraph:
(i) Shall not further disclose the information unless done to allow or improve operability and functionality within that student’s classroom or school; and
(ii) Is legally required to comply with subdivision (d);
(B) To ensure legal and regulatory compliance;
(C) To respond to or participate in judicial process;
(D) To protect the safety of users or others or security of the site; or
(E) To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d).
(c) Nothing in subdivision (b) shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.
(d) An operator shall:
(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.
(2) Delete a student’s covered information if the school or district requests deletion of data under the control of the school or district.
(e) Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a student, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances:
(1) If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information.
(2) For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a school, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K–12 school purposes.
(3) To a state or local educational agency, including schools and school districts, for K–12 school purposes, as permitted by state or federal law.
(f) Nothing in this section prohibits an operator from using deidentified student covered information as follows:
(1) Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products.
(2) To demonstrate the effectiveness of the operator’s products or services, including in their marketing.
(g) Nothing in this section prohibits an operator from sharing aggregated deidentified student covered information for the development and improvement of educational sites, services, or applications.
(h) “Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator.
(i) “Covered information” means personally identifiable information or materials, in any media or format that meets any of the following:
(1) Is created or provided by a student, or the student’s parent or legal guardian, to an operator in the course of the student’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes.
(2) Is created or provided by an employee or agent of the K–12 school, school district, local education agency, or county office of education, to an operator for K–12 school purposes.
(3) Is gathered by an operator through the operation of a site, service, or application described in subdivision (a) and is descriptive of a student or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.
(j) “K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.
“K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, including, but not limited to, college readiness assessments and preparation for them, recruitment for and financing of the costs of those product and service opportunities, and educational assistance or enrichment opportunities.
(k) This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.
(l) This section does not limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes.
(m) This section does not apply to general audience Internet Web sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications.
(n) This section does not limit Internet service providers from providing Internet connectivity to schools or students and their families.
(o) This section shall not be construed to prohibit an operator of an Internet Web site, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.
(p) This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software.
(q) This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.
(r) This section does not impede the ability of students to download, export, or otherwise save or maintain their own student created data or documents.

Summary: Existing law, commencing on January 1, 2016, prohibits an operator from knowingly engaging in targeted advertising to students or their parents or legal guardians using covered information, as defined, amassing a profile of a K–12 student, selling a student’s information, or disclosing covered information, as provided. Existing law defines an “operator” as the operator of an Internet Web site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes purposes, as defined, and was designed and marketed for K–12 school purposes. Under existing law, “K-12 school purposes” means those purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities. This bill would redefine an “operator” as the operator of an Internet Web site, online service, online application, or mobile application that, pursuant to a contract or agreement with a school or district, establishes the site, service, or application used primarily for K–12 school purposes and was designed and marketed primarily for K–12 school purposes. This bill would specify that “K-12 school purposes” do not include communications to and from parents or students 14 years of age or older regarding postsecondary or extracurricular educational, military, or career products or services, as specified.

An act to amend Section 22584 of the Business and Professions Code, relating to privacy.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) All pupils deserve and need safe and supportive school environments in which to learn.
(2) Despite much progress, California lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils often face verbal, physical, and online harassment, which has significant effects on their academic achievement.
(3) In the Gay Lesbian & Straight Education Network’s (GLSEN) 2013 National School Climate Survey, 91 percent of California LGBTQ pupils reported hearing anti-LGBTQ remarks, 7 in 10 reported being called names or threatened based on their sexual orientation, nearly one-third reported physical harassment or assault, and 46 percent reported cyberbullying.
(4) These problems have direct effects on pupils’ school performance. GLSEN survey data shows that the average grade point average for LGBTQ pupils who have experienced harassment is significantly lower than for LGBTQ pupils who have not, and that 30 percent of LGBTQ pupils report frequently skipping class or missing whole days of school because they felt unsafe at school.
(5) In spite of these problems, research has shown that LGBTQ pupils who are harassed or assaulted in school do not report these incidents to school staff, primarily because they believe school staff will not do anything about the problem.
(6) Creating supportive learning environments for LGBTQ pupils improves pupil performance. Pupils in schools with peer support clubs report less harassment and assault, are more likely to report incidents when they occur, and are less likely to miss school because of safety concerns.
(7) The federal Centers for Disease Control and Prevention (CDC) monitors and funds local efforts to provide professional development for educators on safe and supportive environments for LGBTQ pupils, foster schoolsite resources such as Gay Straight Alliance clubs and “safe spaces” for LGBTQ pupils, and promote referrals to school and community health professionals with experience providing support to LGBTQ pupils.
(8) CDC data shows that only 50 percent of California schools facilitate access to schoolsite and community health resources for LGBTQ pupils, and only 39 percent have peer support clubs.
(b) The Legislature therefore encourages school districts, county offices of education, and charter schools to provide information on existing schoolsite and community resources as required by subdivision (d) of Section 234.1 of the Education Code as part of a more comprehensive effort to educate school staff on the support of LGBTQ pupils.
SEC. 2.
Section 234.1 of the Education Code is amended to read:
234.1.
The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following:
(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following:
(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district.
(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section.
(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985.
(c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985.
(d) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils. Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils.
(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms.
(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle.
(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate.
(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.

Summary: Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public. This bill would require the department to also assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified.

An act to amend Section 234.1 of the Education Code, relating to safe schools.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) California relies on private nonprofit colleges and universities accredited by the Western Association of Schools and Colleges (WASC) to help meet the state’s higher education needs.
(b) The maximum award for Cal Grant students attending WASC accredited private nonprofit colleges and universities has not increased since its maximum of $9,708 in 1999:
(1) It was cut by almost 15 percent for the 2004–05 and 2005–06 cohorts.
(2) It was cut by 5 percent for new and renewal students for the 2012–13 award year, and by an additional 1.5 percent in the 2013–14 award year. It is scheduled for an additional cut of 11.3 percent in the 2015–16 award year for new awardees.
(3) If the 2000 Cal Grant maximum award had kept up with the rate of inflation, the 2014 award level would be $13,346.
(4) The proposed maximum award for the 2015–16 award year will be the lowest amount California has invested in academically qualified, low-income students that attend private nonprofit WASC accredited institutions since the 1997–98 academic year.
(c) The Cal Grant Program effectively and successfully helps California’s private nonprofit colleges and universities to recruit, retain, and graduate historically underrepresented students from low-income California families.
(d) Predictable and stable funding formulas and eligibility requirements ensure that the state maximizes its investment by allowing families to better plan and pay for higher education, in addition to incentivizing private nonprofit colleges and universities to enroll more low-income Californians.
(e) Legislative action is needed to adopt a reasonable and viable formula that supports predictability and parity for California students at private nonprofit colleges.
SEC. 2.
Section 66021.2 of the Education Code is amended to read:
66021.2.
Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows:
(a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if he or she complies with all of the following requirements:
(1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9.
(2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42.
(3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which he or she is applying.
(b) (1) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in each of those segments.
(2) The maximum Cal Grant B award for a student to which this subdivision is applicable shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.
(c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows:
(1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts.
(2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award.
(3) Notwithstanding paragraphs (1) and (2), and notwithstanding Section 69432:
(A) The maximum Cal Grant award for a student attending a private nonprofit postsecondary educational institution shall be set and maintained at 75 percent of the base funding per Cal Grant student at the University of California and the California State University, as determined by the average General Fund support per student at the California State University and the University of California, plus the maximum Cal Grant award at those segments each multiplied by the percentage of California resident full-time equivalent students at both segments who attend the respective segment, except as provided in clauses (i) to (iv), inclusive.
(i) For the 2015–16 award year, the maximum award shall be nine thousand eighty-four dollars ($9,084).
(ii) For the 2016–17 award year, the maximum award shall be 70 percent of the amount calculated pursuant to subparagraph (A).
(iii) For the 2017–18 award year, the maximum award shall be 80 percent of the amount calculated pursuant to subparagraph (A).
(iv) For the 2018–19 award year, the maximum award shall be 90 percent of the amount calculated pursuant to subparagraph (A).
(v) For the 2019–20 award year and each year thereafter, the maximum award shall be 100 percent of the amount calculated pursuant to subparagraph (A).
(B) As a condition for the funding of Cal Grant maximum awards to its students pursuant to subparagraph (A), a private nonprofit postsecondary educational institution shall submit performance metrics to the Association of Independent California Colleges and Universities. The association, in collaboration with the public segments of higher education, shall determine the form and content of these metrics, to ensure data are defined, collected, and reported in a consistent and comparable manner, and to ensure data integrity. The association shall provide that information in a cumulative report generated by the association to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office on or before March 15, 2016, and on or before March 15 of each year thereafter. The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code, and shall include all of the following data with respect to each participating private nonprofit postsecondary educational institution:
(i) The number of undergraduate students enrolled in that institution.
(ii) The percentage of undergraduate students of that institution who are California residents.
(iii) The number of graduate students enrolled in that institution.
(iv) The number of transfer students from the California Community Colleges enrolled in that institution.
(v) The percentage of undergraduate students of that institution who are transfer students from the California Community Colleges.
(vi) The number of Pell Grant recipients enrolled in that institution.
(vii) The percentage of undergraduate students of that institution who are Pell Grant recipients.
(viii) The number of Cal Grant recipients enrolled in that institution. With respect to those Cal Grant recipients:
(I) Their ethnic composition, expressed in percentages.
(II) The median amount of institutional aid provided to them.
(ix) The percentage of undergraduate students of that institution who are Cal Grant recipients.
(x) The four- and six-year graduation rates for freshman entrants of that institution:
(I) Disaggregated by Pell Grant recipients.
(II) Disaggregated by Cal Grant recipients.
(xi) The two- and three-year graduation rates for transfer students from the California Community Colleges:
(I) Disaggregated by Pell Grant recipients.
(II) Disaggregated by Cal Grant recipients.
(xii) The number of degrees awarded annually by the institution in total and in each of the following categories:
(I) Undergraduate students who first enrolled in the institution as freshmen.
(II) Undergraduate students who first enrolled in the institution as transfer students.
(III) Graduate students.
(IV) Pell Grant recipients.
(V) The number of degrees or credentials awarded in health-related fields, teacher preparation, and the fields of science, technology, engineering, and mathematics (STEM).
(C) The collection, reporting, and housing of data for the report prepared pursuant to subparagraph (B) shall be conducted both in a manner that ensures data integrity and security and that is in conformance with any federal and state laws on the confidentiality of student information.
(d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be utilized only for occupational or technical training.
(e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing.
(f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year.
(g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit.
(h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program.
(i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program.
SEC. 3.
Section 69432 of the Education Code is amended to read:
69432.
(a) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.”
(b) Maximum award amounts for students at independent institutions and for Cal Grant C and T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A and B awards for students attending public institutions shall be referenced in the annual Budget Act.
(c) (1) Notwithstanding subdivision (b),
and subdivision (c) of Section 66021.2,
commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit and nonprofit postsecondary educational institutions shall be as follows:
(A) Four thousand dollars ($4,000) for new recipients attending private for-profit postsecondary educational institutions.
(B) For the 2014–15 award year, nine thousand eighty-four dollars ($9,084) for new recipients attending private nonprofit postsecondary educational institutions. For the 2015–16 award year and each award year thereafter,
eight thousand fifty-six dollars ($8,056) for new recipients attending private nonprofit postsecondary educational institutions.
the amount determined pursuant to paragraph (3) of subdivision (c) of Section 66021.2.
(2) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this subdivision shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433.
(3) Notwithstanding subparagraph (A) of paragraph (1),
commencing with the 2015–16 award year, the maximum tuition award amount for
new recipients attending private for-profit postsecondary educational institutions that are accredited by the Western Association of Schools and Colleges as of July 1, 2012, shall
have the same maximum tuition award amounts as are set forth in subparagraph (B) of paragraph (1).
be eight thousand fifty-six dollars ($8,056).
SEC. 4.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to set the amounts of Cal Grant awards for students who are attending private nonprofit postsecondary educational institutions before the commencement of the 2015–16 award year, it is necessary that this act take effect immediately.

Summary: Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law specifies the amounts of the maximum Cal Grant A and B awards for students attending private nonprofit postsecondary educational institutions and private for-profit postsecondary educational institutions that are regionally accredited, as specified. This bill would change, in accordance with a prescribed formula, the maximum Cal Grant awards for students attending private nonprofit postsecondary educational institutions, commencing with the 2015–16 award year. The bill would impose requirements on private nonprofit postsecondary educational institutions to provide specified data to a specified association as a condition for the funding of Cal Grant maximum awards to their students, and would require the association to report on that information to the Legislature, the Governor, the Department of Finance, and the Legislative Analyst’s Office. The bill would also make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 66021.2 and 69432 of the Education Code, relating to student financial aid, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
It is the intent of the Legislature to build a stable, comprehensive, and adequately funded high-quality early learning and educational support system for children from birth to five years of age, inclusive, with alignment and integration into the K–12 education system by strategically using state and federal funds, and engaging all early care and education stakeholders, including K–12 education stakeholders, in an effort to provide access to affordable, high-quality services supported by adequate rates, integrated data systems, and a strong infrastructure that supports children and the educators that serve them.
SEC. 2.
Article 15.3 (commencing with Section 8340) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:
Article  15.3. Individualized County of Alameda Child Care Subsidy Plan
8340.
The County of Alameda may, as a pilot project, develop and implement an individualized county child care subsidy plan. The plan shall ensure that child care subsidies received by the County of Alameda are used to address local needs, conditions, and priorities of working families in the community.
8340.1.
For purposes of this article, “county” means the County of Alameda.
8340.2.
(a) For purposes of this article, “plan” means an individualized county child care subsidy plan developed and approved under the pilot project described in Section 8340, which includes all of the following:
(1) An assessment to identify the county’s goal for its subsidized child care system. The assessment shall examine whether the current structure of subsidized child care funding adequately supports working families in the county and whether the county’s child care goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care subsidy system that inhibit the county from meeting its child care goals. In conducting the assessment, the county shall consider all of the following:
(A) The general demographics of families who are in need of child care, including employment, income, language, ethnic, and family composition.
(B) The current supply of available subsidized child care.
(C) The level of need for various types of subsidized child care services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs.
(D) The county’s self-sufficiency income level.
(E) Income eligibility levels for subsidized child care.
(F) Family fees.
(G) The cost of providing child care.
(H) The regional market rates, as established by the department, for different types of child care.
(I) The standard reimbursement rate or state per diem for centers operating under contracts with the department.
(J) Trends in the county’s unemployment rate and housing affordability index.
(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care.
(B) The local policy shall do all of the following:
(i) Prioritize lowest income families first.
(ii) Follow the family fee schedule established pursuant to Section 8273 for those families that are income eligible, as defined by Section 8263.1.
(iii) Meet local goals that are consistent with the state’s child care goals.
(iv) Identify existing policies that would be affected by the county’s plan.
(v) (I) Authorize an agency that provides child care and development services in the county through a contract with the department and either provides direct services or contracts with licensed providers or centers to apply to the department to amend existing contracts in order to benefit from the local policy.
(II) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8340.3.
(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
(C) The local policy may supersede state law concerning child care subsidy programs with regard only to the following factors:
(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, inclusion of former and current CalWORKs participants, and special needs considerations, except that the local policy shall not deny or reduce eligibility of a family that qualifies for child care pursuant to Section 8353. Under the local policy, a family that qualifies for child care pursuant to Section 8354 shall be treated for purposes of eligibility and fees in the same manner as a family that qualifies for subsidized child care on another basis pursuant to the local policy.
(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8263.1.
(iii) Reimbursement rates.
(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(3) Recognition that all funding sources utilized by direct service contractors that provide child care and development services in the county and contractors that contract with licensed providers and centers are eligible to be included in the county’s plan.
(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care goals, and to overcome any barriers identified in the state’s child care subsidy system.
(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
8340.3.
(a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 8499, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the County of Alameda shall hold at least one public hearing on the plan. Following the hearing, if the board votes in favor of the plan, the plan shall be submitted to the Early Education and Support Division of the department for review.
(b) Within 30 days of receiving the plan, the Early Education and Support Division shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving a modification to the plan, the Early Education and Support Division shall review and either approve or disapprove that modification to the plan.
(d) The Early Education and Support Division may disapprove only those portions of modifications to the plan that are not in conformance with this article or that are in conflict with federal law.
8340.4.
The county shall, by the end of the first fiscal year of operation under the approved child care subsidy plan, demonstrate, in the report required pursuant to Section 8340.5, an increase in the aggregate days a child is enrolled in child care in the county as compared to the enrollment in the final quarter of the 2014–2015 fiscal year.
8340.5.
(a) The county shall annually prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize child care in the county.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
8340.6.
A participating contractor shall receive an increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan.
8340.7.
This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 3.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the County of Alameda. Existing law does not reflect the fiscal reality of living in the County of Alameda, a high-cost county where the cost of living is well beyond the state median level, resulting in reduced access to quality child care. In recognition of the unintended consequences of living in a high-cost county, this act is necessary to provide children and families in the County of Alameda proper access to child care through an individualized county child care subsidy plan.

Summary: The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality child care programs. Existing law authorizes the County of San Mateo, as a pilot project, to develop an individualized county child care subsidy plan, as provided. This bill would authorize, until January 1, 2021, the County of Alameda to develop an individualized county child care subsidy plan, as specified. The bill would require the plan to be submitted to the local planning council and the Alameda County Board of Supervisors for approval, as specified. The bill would require the Early Education and Support Division of the State Department of Education to review and approve or disapprove the plan and any subsequent modifications to the plan. The bill would require the County of Alameda to annually prepare and submit to the Legislature, the State Department of Social Services, and the State Department of Education a report that contains specified information relating to the success of the county’s plan. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

An act to add and repeal Article 15.3 (commencing with Section 8340) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, relating to child care and development services.