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

SECTION 1.
Section 25186 of the Health and Safety Code is amended to read:
25186.
The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following:
(a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment.
(c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
(d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180.
(e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant’s duties or activities under the permit, registration, or certificate.
(2) For the purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred:
(A) The time for appeal has elapsed.
(B) The judgment of conviction has been affirmed on appeal.
(C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person’s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code.
SEC. 2.
Section 25186.05 is added to the Health and Safety Code, to read:
25186.05.
(a) For the purposes of this section, “violation” and “noncompliance” mean only the following:
(1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure.
(2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit.
(3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186.
(b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility.
(c) “Violation” and “noncompliance” shall not include a minor violation as defined in Section 25117.6.
(d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate.
(2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment.
(3) This subdivision does not limit or modify the department’s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law.
SEC. 3.
Section 25186.2 of the Health and Safety Code is amended to read:
25186.2.
The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect.
SEC. 4.
Section 25189.4 is added to the Health and Safety Code, to read:
25189.4.
(a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months.
(b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.

Summary: The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity. Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible. This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible. Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste. This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.

An act to amend Sections 25186 and 25186.2 of, and to add Sections 25186.05 and 25189.4 to, the Health and Safety Code, relating to hazardous waste.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Mutual water companies are nonprofit entities that seek to provide quality water service to their residential, commercial, municipal, and agricultural shareholders or members, many through small water systems and in disadvantaged communities throughout the state.
(b) Since 2013, mutual water companies have made great improvements to water quality and service reliability across California, as well as to the transparency of their operations and finances.
(c) Mutual water companies have been leaders in promoting water conservation and efficiency since the drought emergency in California began.
(d) Mutual water companies serve as the sole water provider in their service territories and act in many ways like public agencies, and they therefore should take reasonable steps to ensure their shareholders and customers have a voice in the operations of the company.
(e) Many mutual water companies have small or no meeting facilities, some of which meet in board members’ residences, that can safely hold only a limited number of people, and are located in remote parts of California that are difficult to access by some shareholders and customers of the mutual water company.
(f) Many small mutual water companies have limited financial means and it is important that their financial resources be put to efficient use in fulfilling their duty to provide safe and affordable water to their shareholders and members.
(g) Mutual water companies are unique, and unlike large public agencies or for-profit utilities, these nonprofit organizations are solely responsible to their shareholders and customers and not the broader public outside of their service area.
(h) Given the distinctive operational constraints faced by mutual water companies, the Legislature believes that mutual water companies should, where economically and technologically feasible, have means to provide the greatest shareholder and customer access to meetings within these constraints.
SEC. 2.
Section 14305 of the Corporations Code is amended to read:
14305.
(a) (1) This section shall be known and may be cited as the Mutual Water Company Open Meeting Act.
(2) This section shall only apply to a mutual water company that operates a public water system.
(b) (1) (A) A board of directors of a mutual water company shall allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting.
(B) Notwithstanding any other law, the board of directors may use teleconferencing to provide any eligible person access to the meeting that otherwise would be denied attendance at a meeting of the board for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting described in the notice issued pursuant to subdivision (f). The teleconferenced meeting or proceeding shall comply with this section and all other applicable provisions of law relating to a specific type of meeting or proceeding conducted by a mutual water company. If the board uses teleconferencing, the board shall provide to an eligible person attending a meeting by teleconference, before the meeting begins, an electronic copy or photocopy of all documents not related to an executive session to be discussed at the meeting. A board of directors of a mutual water company shall not prohibit an eligible person from attending a meeting of the board either in person, so long as the eligible person has complied with the notice requirement of paragraph (A), or by teleconference except as provided by paragraph (2). A board of directors may allow an eligible person to attend the meeting personally in lieu of using teleconferencing pursuant to this paragraph.
(C) For purposes of this subdivision, the term “teleconference” means, to the extent it is technologically feasible, any electronic means, that includes either audio or video or both, that allows an eligible person to hear a meeting and verbally interact with the board, including, but not limited to, a telephone, cellular telephone with speaker phone technology, or computer, or a device using internet-based video or audio conference technology.
(2) A board of directors of a mutual water company shall only meet in executive session during a meeting. A board may prohibit an eligible person from attending an executive session to consider pending or potential litigation, matters relating to the formation of contracts with third parties, including matters relating to the potential acquisition of real property or water rights, member or shareholder discipline, personnel matters, or to meet with a member or shareholder, upon the member or shareholder’s request, regarding the member or shareholder’s payment of assessments, as specified in Section 14303.
(3) The board of directors of a mutual water company shall meet in executive session, if requested by a member or shareholder who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session.
(4) An eligible person shall be entitled to attend a teleconference meeting, as specified in paragraph (3) of subdivision (o), or the portion of the teleconference meeting that is open to eligible persons, and shall be entitled to attend with or without fulfilling the notice requirement in paragraph (1). The teleconference meeting or portion of the meeting that is open to eligible persons shall be audible to the eligible person in a location specified in the notice of the meeting.
(c) Any matter discussed in executive session shall be generally noted in the minutes of the meeting at which the executive session occurred.
(d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of a mutual water company, conducted on or after January 1, 2014, other than an executive session, shall be available to eligible persons within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs for providing the minutes.
(e) The pro forma budget required in Section 14306 shall be available to eligible persons within 30 days of the meeting at which the budget was adopted. The budget shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs.
(f) Unless the bylaws provide for a longer period of notice, eligible persons shall be given notice of the time and place of a meeting as defined in subdivision (o), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent, publicly accessible place or places within the territory served by the mutual water company and by mail to any eligible person who had requested notification of board meetings by mail, at the address requested by the eligible person. Eligible persons requesting notice by mail shall pay the costs of reproduction and mailing of the notice in advance. Notice may also be given by mail, by delivery of the notice to each unit served by the mutual water company, or, with the consent of the eligible person, by electronic means. The notice shall contain the agenda for the meeting.
(g) An emergency meeting of the board may be called by the chief executive officer of the mutual water company, or by any two members of the board of directors other than the chief executive officer, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section.
(h) The board of directors of a mutual water company shall permit any eligible person to speak at any meeting of the mutual water company or the board of directors, except for any portion of a meeting that is held in executive session outside the presence of eligible persons. A reasonable time limit for all eligible persons to speak to the board of directors or before a meeting of the mutual water company shall be established by the board of directors.
(i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the mutual water company shall not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit an eligible person who is not a member of the board from speaking on issues not on the agenda.
(2) Notwithstanding paragraph (1), a member of the board of directors, mutual water company officers, or a member of the staff of the mutual water company, may do any of the following:
(A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h).
(B) Ask a question for clarification, make an announcement, or make a brief report on his or her own activities, whether in response to questions posed by an eligible person or based upon his or her own initiative.
(3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following:
(A) Provide a reference to, or provide other resources for factual information to, the mutual water company’s officers or staff.
(B) Request the mutual water company’s officers or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct the mutual water company’s officers or staff to place a matter of business on a future agenda.
(C) Direct the mutual water company’s officers or staff to perform administrative tasks that are necessary to carry out this subdivision.
(4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions:
(i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.
(ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f).
(iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken.
(B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting.
(j) (1) Notwithstanding any other law, the board of directors shall not take action on any item of business outside of a meeting.
(2) (A) Notwithstanding any other provision of law, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B).
(B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. These written consents may be transmitted electronically.
(k) (1) An eligible person may bring a civil action for declaratory or equitable relief for a violation of this section by a mutual water company for which he or she is defined as an eligible person for a judicial determination that an action taken by the board is null and void under this section.
(2) Prior to the commencement of an action pursuant to paragraph (1), the eligible person shall make a demand on the board to cure or correct the action alleged to be taken in violation of this section. The demand shall be in writing, and submitted within 90 days from the date the action was taken. The demand shall state the challenged action of the board and the nature of the alleged violation.
(3) Within 30 days of receipt of the demand, the board shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct, or inform the demanding party in writing of its decision not to cure or correct the challenged action.
(4) Within 15 days of receipt of the written notice of the board’s decision to cure or correct or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall commence the action pursuant to paragraph (1). If the demanding party fails to commence the action pursuant to paragraph (1), that party shall be barred from commencing the action thereafter.
(l) A board action that is alleged to have been taken in violation of this section shall not be determined to be void if the action taken was in substantial compliance with this section.
(m) The fact that the board of directors of a mutual water company takes subsequent action to cure or correct an action taken pursuant to this section shall not be construed as, or admissible as evidence of, a violation of this section.
(n) An eligible person who prevails in a civil action to enforce his or her rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs. A prevailing mutual water company shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.
(o) As used in this section:
(1) “Eligible person” means a person who is any of the following:
(A) A shareholder or member of the mutual water company.
(B) A person who is an occupant, pursuant to a lease or a rental agreement, of commercial space or a dwelling unit to which the mutual water company sells, distributes, supplies, or delivers drinking water.
(C) An elected official of a city or county who represents people who receive drinking water directly from the mutual water company on a retail basis.
(D) Any other person eligible to participate in the mutual water company’s meetings under provisions of the company’s articles or bylaws.
(2) “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, officer of the mutual water company, or committee of the board comprising less than a majority of the directors.
(3) “Meeting” means either of the following:
(A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board.
(B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the mutual water company and otherwise complies with the requirements of this title. The notice of the teleconference meeting shall identify at least one physical location so that members of the mutual water company may attend and at least one member of the board of directors or a person designated by the board shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the mutual water company speaking on matters before the board.
(4) “Mutual water company” means a mutual water company, as defined in Section 14300, that operates a public water system, as defined in Section 14300.5.

Summary: Under existing law, a mutual water company is defined as a corporation organized for or engaged in the business of selling, distributing, supplying, or delivering water for irrigation or domestic purposes that provides in its articles or bylaws that the water shall be sold, distributed, supplied, or delivered only to owners of its shares, as specified. A mutual water company may be organized under the General Corporation Law or the Nonprofit Mutual Benefit Corporation Law. The Mutual Water Company Open Meeting Act authorizes an eligible person, upon 24 hours advance written notice, to attend meetings of the board of directors of a mutual water company that operates a public water system, except when the board adjourns to, or meets solely in, executive session. This bill would prohibit a mutual water company from meeting solely in an executive session without holding a meeting. The bill would require notice of a meeting to be given to an eligible person at least 4 days prior to the meetings. The bill would require a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. The bill would authorize the board to allow an eligible person who was denied attendance at a meeting for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting, to attend the meeting by teleconference, and would further require the board to provide to an eligible person attending a meeting by teleconference a copy of the documents to be discussed at the meeting, as specified.

An act to amend Section 14305 of the Corporations Code, relating to mutual water companies.


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

SECTION 1.
Section 34171 of the Health and Safety Code is amended to read:
34171.
The following terms shall have the following meanings:
(a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177.
(b) “Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs.
(c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173.
(d) (1) “Enforceable obligation” means any of the following:
(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year.
(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms.
(C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations.
(D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision.
(E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation.
(F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134.
(G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)).
(2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations.
(3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void.
(4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation.
(e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)).
(f) “Oversight board” shall mean each entity established pursuant to Section 34179.
(g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule.
(h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177.
(i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code.
(j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173.
(k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part.
(l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment.
(m) “Department” means the Department of Finance unless the context clearly refers to another state agency.
(n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency.
(o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party.
(p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year.
(1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176.
(2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.

Summary: Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. The Military Base Reuse Authority Act authorizes the creation of a military base reuse authority to plan, finance, and manage the transition of a military base from military to civilian use, as specified. This bill would authorize the Department of Finance to find that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act is an enforceable obligation.

An act to amend Section 34171 of the Health and Safety Code, relating to redevelopment.


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

SECTION 1.
Section 69432.9 of the Education Code is amended to read:
69432.9.
(a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant.
(b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.).
(1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable rules and regulations adopted by the commission.
(2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.).
(3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need.
(B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700).
(c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average.
(2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if he or she is 18 years of age, to submit the pupil’s social security number to the commission.
(3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee.
(4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average.
(5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter.
(6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application.
(d) (1) The school district or charter school shall, no later than October 15 of a pupil’s grade 12 academic year, notify, in writing, each grade 12 pupil and, for a pupil under 18 years of age, his or her parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant.
(2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt himself or herself out and, if prior to the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out.
SEC. 2.
Section 69432.92 is added to the Education Code, to read:
69432.92.
(a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9.
(b) It is the intent of the Legislature that high schools or high school districts verify the graduation of their pupils in time to meet the deadlines imposed by subdivision (e) of Section 69433.9.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. As part of these eligibility requirements, existing law requires the commission to require that a grade point average be submitted to it electronically for all grade 12 pupils at public schools, including charter schools, each academic year, except as specified. This bill would require this electronic submission to be on a standardized form. The bill would also authorize the commission to require that verification of high school graduation or its equivalent be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out, as specified. By requiring the electronic submission of grade point average information to be on a standardized form, and authorizing the commission to additionally require verification of graduation information of prior grade 12 pupils, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to amend Section 69432.9 of, and to add Section 69432.92 to, the Education Code, relating to student financial aid.


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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Whereas, on May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling.
(b) As of December 10, 2014, the prison population was at 140 percent of design capacity, exceeding the final February 2016 population cap by approximately 2,104 inmates.
(c) The 2011 Public Safety Realignment, addressing public safety and, in an effort to reduce California’s prison population, shifted to counties the responsibility for monitoring, tracking, and incarcerating lower level offenders previously sent to state prison. By mid-2013, more than 100,000 offenders had been diverted to county supervision instead of going to state prisons.
(d) On November 4, 2014, the voters of California passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing. As of December 4, 2014, 132 inmates had been resentenced and released from prison. Under this proposition, it is estimated that the 2015–16 institution average daily population will be reduced by approximately 1,900 inmates as a result of resentencing and the reduction in new admissions.
(e) Research shows that formerly incarcerated individuals do better and remain out of prison longer when they have training and a job with advancement opportunities. Obtaining quality jobs, however, is not realistic for many incarcerated individuals without additional training education. Workforce training opportunities to men and women reentering our communities ensures that they gain training and education, job readiness skills, and job placement assistance required for securing necessary employment after being released from prison. This would lower repeat offenses, and ultimately, the number of people incarcerated, as a number of studies have proven that people are less likely to offend or recidivate if they are gainfully employed.
(f) Investing in services and supports for the reentry population is also consistent with statewide workforce goals. California’s Strategic Workforce Development Plan 2013–2017 includes the goal of providing access to quality employment services for formally incarcerated individuals as an overarching priority for the State Workforce Investment Board.
SEC. 2.
Section 1234.2 of the Penal Code is amended to read:
1234.2.
The State WIB shall administer the grant program as follows:
(a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section.
(b) Design the grant program application process to ensure all of the following occurs:
(1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties.
(2) Grants are awarded on a competitive basis.
(3) Small and rural counties are competitive in applying for funds.
(4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population.
(5) The education and training needs of one or both of the following are addressed:
(A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder.
(B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement.
SEC. 3.
Section 1234.3 of the Penal Code is amended to read:
1234.3.
(a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015.
(b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce investment boards that outline the actions each party agrees to undertake as part of the project proposed in the application.
(c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. The State WIB may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards.
(d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs.
(e) Preference shall be awarded to applications for the following:
(1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce investment boards, local governments, and private foundation funds.
(2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population.
(3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population.
(f) An application shall meet the following requirements:
(1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated.
(2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve.
(3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors.
(4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period.
(g) As a condition of receiving funds, a grant recipient shall agree to provide information to the State WIB in sufficient detail to allow the State WIB to meet the reporting requirements in Section 1234.4.
SEC. 4.
Section 1234.4 of the Penal Code is amended to read:
1234.4.
(a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the State WIB regarding their use of the funds and workforce training program outcomes.
(b) By January 1, 2018, the State WIB shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information:
(1) The overall success of the grant program, based on the goals and metrics set in the awarded grants.
(2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants.
(3) A recommendation on the long-term viability of local workforce investment board and county collaborations on workforce training programs for the supervised population.
(4) A recommendation on the long-term viability of county workforce training programs for the supervised population.
(5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following:
(A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered.
(B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies.
(C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released.
(D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree.
(E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program.
(F) Whether there were formal or informal networks in the field that support finding employment upon release from custody.
(G) Whether the program led to employment in occupations with a livable wage.
(H) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program.
(c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 5.
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 provide cost savings to the state by making the grant program operate more efficiently as soon as possible, it is necessary that this act take effect immediately.

Summary: Existing law establishes the California Workforce Investment Board to assist the Governor in the development, oversight, and improvement of the state workforce investment system and the alignment of the education and workforce systems, as specified. Existing law also establishes local workforce investment boards to assist in the planning, oversight, and evaluation of local workforce investment. Existing law establishes the Supervised Population Workforce Training Grant Program to be administered by the State WIB. The program awards grants on a competitive basis to counties that propose a project that provides, at a minimum, an education and training assessment for persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or under the jurisdiction of, a county. Existing law establishes criteria for the grant program, including that the education and training needs of both individuals who have some postsecondary education, and those who require basic education and training, are addressed. Existing law requires each project proposed in the application for a grant to include a provision for an education and training assessment for each individual of the supervised population who participates in the project, and provides that a prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. Existing law requires grant recipients to report to the State WIB, at least annually and upon completion of the grant period, regarding their use of the funds and workforce training program outcomes. Existing law requires, by January 1, 2018, the State WIB to submit a report to the Legislature using the reports from the grant recipients, and requires the report to contain specified information. This bill would revise the criteria for the grant program by authorizing a grant applicant to address the education and training needs of individuals who have some postsecondary education, or individuals who require basic education and training, or individuals in both categories. The bill would authorize the State WIB to delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. The bill would also require the report to the Legislature to include a discussion of the education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered, and whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. The bill would also include a statement of legislative findings and declarations. This bill would declare that it is to take effect immediately as an urgency statute.

An act to amend Sections 1234.2, 1234.3, and 1234.4 of the Penal Code, relating to public safety, and declaring the urgency thereof, to take effect immediately.


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

SECTION 1.
(a)  The Legislature finds and declares all of the following:
(1) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000–13 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state’s total emissions.
(2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California’s ability to meet its energy and climate goals.
(3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices.
(4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state’s residential buildings and a significant share of the electricity consumption in commercial buildings.
(5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment.
(6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation.
(7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030.
(8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy.
(9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment.
(b) It is the intent of the Legislature to ensure that, in support of the state’s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective.
SEC. 2.
Section 25327 is added to the Public Resources Code, to read:
25327.
(a) (1) For purposes of this subdivision “HVAC” means heating, ventilation, and air conditioning.
(2) For the purposes of this section, except as provided in paragraph (3), “plug-in equipment” means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances.
(3) “Plug-in equipment” does not include the following:
(A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor.
(B) Lighting, whether built in or portable.
(C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches.
(D) Electric vehicles.
(4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC).
(b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following:
(1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption.
(2) Before January 1, 2018, set statewide, long-term energy efficiency targets
for
to reduce
the
amount of
electricity consumed by plug-in equipment.
(3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets
set forth in
established under
paragraph (2). The implementation plan shall meet all of the following requirements:
(A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts.
(B) Consider costs and ratepayer protections, consistent with Section 25000.1.
(C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers.
(4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission.
(5) Revise the implementation plan and priorities in consultation with stakeholders.
(6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4).
(c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs.

Summary: Existing law requires the State Energy Resources Conservation and Development Commission , on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. Under existing law, the Public Utilities Commission has regulatory jurisdiction over the public utilities, including electrical corporations. This bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to conduct an analysis of plug-in equipment electricity consumption, as specified, and set statewide, long-term energy efficiency targets for to reduce the amount of electricity consumed by plug-in equipment. The bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to develop, track the progress of, revise, and update an implementation plan to achieve those targets, as specified. The bill would require the Public Utilities Commission, in collaboration with the Energy Commission, to work with stakeholders to address challenges to the achievement of those targets.

An act to add Section 25327 to the Public Resources Code, relating to energy.


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

SECTION 1.
Section 44664.5 is added to the Education Code, to read:
44664.5.
(a) The superintendent of a school district shall make available to the public, and post on the Internet Web site of the school district, if it has one, all of the following:
(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments.
(2) Whether or not the school district has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671.
(b) A county superintendent of schools shall make available to the public, and post on the Internet Web site of the county office of education, if it has one, all of the following:
(1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments.
(2) Whether or not the county office of education has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671.
SEC. 2.
Section 52061 of the
Education Code
is amended to read:
52061.
(a)On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following:
(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060.
(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the school district will make as a result of the review and assessment.
(3)A listing and description of the expenditures at the school district level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2).
(4)A listing and description of expenditures at the school district level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient.
(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010.
SEC. 3.
Section 52067 of the
Education Code
is amended to read:
52067.
(a)On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following:
(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066.
(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment.
(3)A listing and description of the expenditures at the county level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2).
(4)A listing and description of expenditures at the county level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient.
(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010.
SEC. 4.
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 required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a template adopted by the State Board of Education. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability plan before July 1 of each year. Existing law requires an update to include, among other things, a listing and description of the expenditures for the fiscal year, as specified. This bill would instead require that the annual update to a school district’s local control and accountability plan include a listing and description of the expenditures at the school district level and by schoolsite for the fiscal year, as specified. The bill would also require that the annual update to a county board of education’s local control and accountability plan include a listing and description of the expenditures at the county level and by schoolsite for the fiscal year, as specified. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. This bill would require the superintendent of a school district and a county superintendent of schools to make available to the public, and post on its Internet Web site, if it has one, specified information relating to the evaluation of teachers and principals. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

An act to
amend Sections 52061 and 52067 of, and
add Section 44664.5
to,
to
the Education Code, relating to school accountability.


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

SECTION 1.
Section 41821.5 of the Public Resources Code is amended to read:
41821.5.
(a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility.
(b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state.
(2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity.
(3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information.
(c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following:
(1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7.
(2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016.
(d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article.
(g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises.
(3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
(4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976.
(5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively.
(6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015.
(7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department.
(h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department.
(i) All records provided in accordance with this section shall be subject to Section 40062.

Summary: The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. This bill would additionally require a self-hauler to submit that information to the department and would require the department to develop regulations that define “self-hauler” to include specified persons and entities.

An act to amend Section 41821.5 of the Public Resources Code, relating to solid waste.