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

SECTION 1.
Section 60200 of the Education Code is amended to read:
60200.
The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions:
(a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas:
(1) Language arts, including, but not limited to, spelling, reading, and English language development. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (2) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level.
(2) Mathematics. The state board may not adopt basic instructional materials in this subject area or the subject area specified by paragraph (1) in the year succeeding the year in which the state board adopts basic instructional materials in this subject area for the same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following:
(1) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes.
(2) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section.
(3) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board.
(4) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas.
(5) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials.
(c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria:
(1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content.
(3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research.
(4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted.
(5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration.
(6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption.
(d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board.
(e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs:
(1) Fewer than five basic instructional materials are submitted.
(2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework.
(f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials.
(g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils.
(h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s Internet Web site, and shall include information from the reports of findings from the review committees pursuant to paragraph publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content.
(n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board.
(o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section.
SEC. 2.
Section 60227 is added to the Education Code, to read:
60227.
(a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs within the eight-year cycle established pursuant to subdivision (b) of Section 60200.
(b) Before conducting a followup adoption in a given subject area, the department shall post an appropriate notice on the department’s Internet Web site pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area.
(c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program.
(d) The fee shall offset the cost of conducting the followup adoption process and shall reflect the department’s best estimate of the cost. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated.
(e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare the intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full.
(f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption.
(2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption.
(3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years.
(g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials.
(h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption.
(i) General fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section.
(j) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.

Summary: Existing law requires the State Board of Education to adopt instructional materials for kindergarten and grades 1 to 8, inclusive, and to adopt procedures for the submission of instructional materials, and provides that instructional materials may be submitted for adoption in specified subject areas every 8 years. This bill would instead provide that instructional materials may be submitted for adoption at least once but no more than twice every 8 years. The bill, until January 1, 2024, would require the State Department of Education, before conducting a followup adoption, as defined, in a given subject area to post a notice on the department’s Internet Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area that each publisher and manufacturer choosing to participate in the followup adoption shall be assessed a fee, as specified.

An act to amend Section 60200 of, and to add and repeal Section 60227 of, the Education Code, relating to instructional materials.


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

SECTION 1.
Section 143.1 of the Labor Code is amended to read:
143.1.
(a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives of the applicant are properly notified. The applicant shall also give notice to workers at the place of employment who will be affected by the permanent variance, or representatives of affected employees who may be affected by, or exposed to, hazards by the permanent variance from an occupational safety and health standard. The applicant shall provide certification that the affected employees have been given notice of the request for a permanent variance.
(b) Upon request to the board, affected employees or their representatives shall be granted party status to the variance proceeding.
(c) All board decisions on a permanent variance shall be final except for a rehearing or judicial review provided for by law.
SEC. 2.
Section 6450 of the Labor Code is amended to read:
6450.
(a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. A temporary order shall be granted only if the employer files an application that meets the requirements of Section 6451, and establishes the following:
(1) The employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date.
(2) The employer is taking all available steps to safeguard employees against the hazards covered by the standard.
(3) The employer has an effective program for coming into compliance with the standard as quickly as practicable.
(b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes the employer is required to adopt and use while the order is in effect and state in detail a program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and other affected workers as described in Section 6450.5 and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees and other affected workers pending a hearing on the application for a temporary variance. A temporary order shall not be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed before the expiration date of the order. A single renewal of an order shall not remain in effect for longer than 180 days.
SEC. 3.
Section 6450.5 is added to the Labor Code, to read:
6450.5.
The employer shall also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazard covered by the standard, by the temporary variance from an occupational safety and health standard. Upon request to the division, or to the standards board upon appeal pursuant to Section 6455, any affected worker, or representative of affected workers, shall be granted party status to the variance proceedings.
SEC. 4.
Section 6451 of the Labor Code is amended to read:
6451.
An application for a temporary order under Section 6450 shall contain all of the following:
(a) A specification of the standard or portion thereof from which the employer seeks a variance.
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor.
(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard.
(d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and will take, with dates specified, to come into compliance with the standard.
(e) A certification that the employer has informed employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing.
(f) A certification that the employer has given notice as required in Section 6450.5.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Summary: Existing law establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations to adopt, amend, or repeal employment safety standards and laws. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements are met. The California Occupational Safety and Health Act of 1973 also authorizes an employer to apply to the Division of Occupational Safety and Health, that enforces employment safety laws, for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer’s application satisfies specified requirements. Existing law provides that a temporary order may be granted only after notice to employees and an opportunity for a hearing. Existing law specifies the information that an application for a temporary order is required to contain. This bill would require an employer to also give notice to workers at the place of employment who will be affected by a permanent or temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the permanent or temporary variance from an occupational safety and health standard. The bill would require any affected worker, or representative of affected workers, upon request, to be granted party status to the variance proceedings. The bill would require the variance application to include a certification that the employer has given notice to affected workers as required. Because a violation of the new requirements for employers would be a crime under certain circumstances, 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 no reimbursement is required by this act for a specified reason.

An act to amend Sections 143.1, 6450, and 6451 of, and to add Section 6450.5 to, the Labor Code, relating to employment.


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

SECTION 1.
Section 1250.8 of the Health and Safety Code is amended to read:
1250.8.
(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care.
(b) The issuance of a single consolidated license shall be based on the following criteria:
(1) There is a single governing body for all the facilities maintained and operated by the licensee.
(2) There is a single administration for all the facilities maintained and operated by the licensee.
(3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, that prescribe a single committee structure.
(4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances:
(A) One or more of the physical plants is located in a rural area, as defined by regulations of the director.
(B) One or more of the physical plants provides only outpatient services, as defined by the department.
(C) One or more of the physical plants is an emergency department, as defined in subdivision (b) of Section 128700.
(D) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria:
(i) The applicant is a nonprofit corporation.
(ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code.
(iii) The applicant is affiliated with a major university medical school and located adjacent thereto.
(iv) The applicant operates a regional tertiary care facility.
(v) One of the physical plants is located in a county that has a consolidated and county government structure.
(vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000.
(vii) The applicant is located in a city with a population between 50,000 and 100,000.
(c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually.
(d) To the extent required by Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license:
(1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need.
(2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170.
(3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following:
(A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170.
(B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility.
Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility.
Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107.
(e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator.
(f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section.
(g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code.
(h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section.
(i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities:
(1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a).
(2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature.
A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license.
(j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license.
(k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations.
(l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center.
(m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus.
(n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows:
(A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland.
(B) The number of Medi-Cal payment days calculated for hospital beds located at
the
John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement.
(2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other.
SEC. 2.
Section 1255.15 is added to the Health and Safety Code, to read:
1255.15.
(a) If a general acute care hospital (closing hospital) that provides emergency medical services pursuant to Section 1255 is either scheduled for closure or has surrendered its license for suspension or cancellation pursuant to Section 1300, the closing hospital’s emergency medical services may continue to be provided at the same location or locations by another general acute care hospital (acquiring hospital) that has a special permit to offer emergency medical services pursuant to paragraph (3) of subdivision (a) of Section 1255, notwithstanding that basic services are not offered at the closing hospital’s location or locations.
(b) Pursuant to subdivisions (a) and (b) of Section 1250.8, a single consolidated license shall be issued to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations if located not more than 15 miles apart from the acquiring hospital.
(c) Notwithstanding paragraph (4) of subdivision (b) of Section 1250.8, the director shall issue a single consolidated license to the acquiring hospital to permit the continued provision of emergency medical services at the closing hospital’s location or locations, even if located more than 15 miles apart from the acquiring hospital, if the acquiring hospital provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision.
SEC. 3.
Section 128700 of the Health and Safety Code is amended to read:
128700.
As used in this chapter, the following terms mean:
(a) “Ambulatory surgery procedures” mean those procedures performed on an outpatient basis in the general operating rooms, ambulatory surgery rooms, endoscopy units, or cardiac catheterization laboratories of a hospital or a freestanding ambulatory surgery clinic.
(b) “Emergency department” means,
in
with respect to
a hospital licensed to provide emergency medical services, the location in which those services are provided.
(c) “Encounter” means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient.
(d) “Freestanding ambulatory surgery clinic” means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204.
(e) “Health facility” or “health facilities” means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2.
(f) “Hospital” means all health facilities except skilled nursing, intermediate care, and congregate living health facilities.
(g) “Office” means the Office of Statewide Health Planning and Development.
(h) “Risk-adjusted outcomes” means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors.

Summary: Existing law requires the State Department of Public Health to issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises if all applicable requirements of licensure, as specified, are satisfied. Under existing law, the physical plants maintained and operated under a general acute care hospital’s single consolidated license must be located no more than 15 miles apart, unless a specified exception applies. This bill would create an exception to permit a general acute care hospital to operate an emergency department located more than 15 miles from its main physical plant, if all applicable requirements of licensure are satisfied. The bill would also permit a closing general acute care hospital’s emergency department to continue to be operated at the same location or locations by an acquiring general acute care hospital, as specified. The bill would create an exception to permit the acquiring general acute care hospital to operate the closing general acute care hospital’s emergency department at that location or locations, even if located more than 15 miles from the acquiring general acute care hospital’s main physical plant, if all applicable requirements of licensure are satisfied.

An act to amend
Section
Sections
1250.8
and 128700
of
, and to add Section 1255.15 to,
the Health and Safety Code, relating to health facilities.


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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Research points to a strong connection between mental wellness and academic achievement.
(2) Research demonstrates that early detection and treatment of mental illness improves attendance, behavior, and academic achievement.
(3) It is estimated that 20 percent of children have mental health issues, 80 percent of whom are estimated to be undiagnosed and untreated. The lack of attention to a child’s mental health has significant effects on his or her school achievement and life outcomes.
(4) Mental health challenges disproportionately impact pupils who face stressors such as violence, trauma, and poverty.
(5) California’s educators report their lack of preparedness in addressing pupil mental health challenges as a major barrier to instruction. Most educators and staff lack training to identify pupils who may be in need of support and to make referrals, as appropriate, to help pupils overcome and manage mental health issues and succeed in school.
(6) The State Department of Education has identified inadequate service referral and inconsistent pupil mental health policies as major factors contributing to pupils’ lack of access to support for mental health concerns.
(7) Several initiatives are underway to improve the early identification and referral of pupils for help with mental health challenges. These include the California County Superintendents Educational Services Association’s K-12 Student Mental Health Initiative, funded by the California Mental Health Services Authority; the federally funded Project Cal-Well administered by the State Department of Education; Training Educators through Recognition and Identification Strategies (TETRIS); the Eliminating Barriers to Learning (EBL) project administered by the State Department of Education and funded by the California Mental Health Services Authority; and the Student Mental Health Policy Workgroup established by the Superintendent of Public Instruction and the California Mental Health Services Authority.
(8) In spite of these efforts, no model referral protocol exists to guide schools and local educational agencies in appropriate and timely intervention for pupil mental health concerns.
(9) The State Department of Education, through its Project Cal-Well and its Student Mental Health Policy Workgroup, is well positioned to provide state leadership and guidance to local educational agencies so that they are better able to address pupil mental health concerns.
(b) It is therefore the intent of the Legislature to direct the development of model, evidence-based referral protocols for addressing pupil mental health concerns that may be voluntarily used by schoolsites, school districts, county offices of education, charter schools, and teacher and administrator preparation programs.
SEC. 2.
Section 33319.6 is added to the Education Code, to read:
33319.6.
(a) The department shall develop model referral protocols for addressing pupil mental health concerns. In developing these protocols, the department shall consult with the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil mental health initiatives, county mental health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil mental health as the department deems appropriate.
(b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, and the state special schools for the blind and the deaf, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by institutions of higher education. The protocols shall do all of the following:
(1) Address the appropriate and timely referral by school staff of pupils with mental health concerns.
(2) Reflect a multitiered system of support processes and positive behavioral interventions and supports.
(3) Be adaptable to varied local service arrangements for mental health services.
(4) Reflect evidence-based and culturally appropriate approaches to pupil mental health referral.
(5) Address the inclusion of parents and guardians in the referral process.
(6) Be written to ensure clarity and ease of use by certificated and classified school employees.
(7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct.
(8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. Nothing in this section shall be construed as authorizing or encouraging school employees to diagnose or treat mental illness unless they are specifically licensed and employed to do so.
(9) Be consistent with state activities conducted by the department in the administration of federally funded mental health programs.
(c) The department shall post the model referral protocols on its Internet Web site so that they may be accessed and used by educational institutions specified in subdivision (b).
(d) This section is contingent upon funds being appropriated for its purpose to the department in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose.
(e) The model referral protocols shall be completed and made available within two years of the date funds are received or allocated to implement this section.

Summary: Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools, and encourages school safety plans to include clear guidelines for the roles and responsibilities of certain parties with school-related health and safety responsibilities, as specified. This bill would require the State Department of Education to develop model referral protocols, as provided, for addressing pupil mental health concerns. The bill would require the department to consult with various entities in developing the protocols, including current classroom teachers and administrators. The bill would require the department to post the model referral protocols on its Internet Web site. The bill would make these provisions contingent upon funds being appropriated for its purpose in the annual Budget Act or other legislation, or state, federal, or private funds being allocated for this purpose. The bill would also state various findings and declarations of the Legislature relating to pupil mental health.

An act to add Section 33319.6 to the Education Code, relating to pupil health.


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

SECTION 1.
Section 79707.5 is added to the Water Code, to read:
79707.5.
In furtherance of subdivision (g) of Section 79707, all recipients of funding pursuant to Chapter 6 (commencing with Section 79730) shall post signs acknowledging the source of funds in accordance with guidelines that the secretary shall develop. For the purposes of this section, state funding shall be listed first on the sign if the state is the source of 50 percent or more of the total project costs.
SECTION 1.
Chapter 11.2 (commencing with Section 8852) is added to Division 1 of Title 2 of the
Government Code
, to read:
11.2.
State Facilities Renewal Bond Act of 2016
1.
General Provisions
8852.
This chapter shall be known as the State Facilities Renewal Bond Act of 2016.
8852.1.
As used in this chapter, the following terms have the following meanings:
(a)“Committee” means the State Facilities Renewal Bond Finance Committee created pursuant to Section 8852.31.
(b)“Fund” means the State Facilities Renewal Bond Fund created pursuant to Section 8852.2.
(c)“State agency” means any state agency, department, office, division, bureau, board, commission, district agricultural association, the California State University, the University of California, and the Judicial Council.
(d)“Deferred maintenance projects” means delayed projects to replace infrastructure and building components in order to preserve or maintain these assets in an acceptable condition.
2.
State Facilities Renewal Bond Fund and Program
8852.2.
(a)The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Facilities Renewal Bond Fund, which is hereby created. Fund moneys shall only be used to address deferred maintenance projects on state-owned property and shall be made available for expenditure only upon appropriation by the Legislature in the annual Budget Act. Funds shall be appropriated to state agencies as part of their respective agency budgets for state operations. Fund moneys appropriated to a state agency shall supplement, not supplant, an agency’s existing deferred maintenance expenditures. It is the intent of the Legislature that the projects funded by these bonds shall have a useful life of at least 20 years.
(b)The Governor shall propose appropriations from the State Facilities Renewal Bond Fund as part of his or her January 10 budget proposal.
(1)Within 10 days following release of the budget proposal, the Department of Finance shall report all of the following to the respective budget committees of the Legislature:
(A)The administration’s methodology for allocating the bond funds among the various state agencies.
(B)The criteria used for establishing deferred maintenance project funding priorities.
(2)A state agency for which the Governor proposes an appropriation from the State Facilities Renewal Bond Fund shall report, within 30 days following the release of the budget proposal, the following to the respective budget committees of the Legislature:
(A)The agency’s total deferred maintenance backlog.
(B)The agency’s deferred maintenance expenditures in the prior fiscal year.
(C)A list of deferred maintenance projects proposed to be undertaken by the agency with moneys from the fund proposed for appropriation.
(D)The agency’s expenditures in the prior fiscal year for maintenance other than deferred maintenance.
(E)The extent to which the agency’s current budget for maintenance is insufficient to prevent an increase in the agency’s deferred maintenance backlog.
3.
Fiscal
8852.3.
Bonds in the total amount of two billion dollars ($2,000,000,000), or so much thereof as is necessary, not including the amount of any refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. The bonds issued pursuant to this chapter shall be repaid within 20 years from the date they are issued.
8852.31.
The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter, except subdivisions (a) and (b) of Section 16727.
8852.32.
(a)Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this chapter, the State Facilities Renewal Bond Finance Committee is hereby created. For purposes of this chapter, the State Facilities Renewal Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, Director of Finance, and Treasurer, or their designated representatives.
(b)The Treasurer shall serve as chairperson of the committee.
(c)A majority of the committee may act for the committee.
8852.33.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8852.2 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.
8852.34.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.
8852.35.
Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following:
(a)The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.
(b)The sum necessary to carry out Section 8852.36, appropriated without regard to fiscal years.
8852.36.
For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.
8852.37.
All moneys deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
8852.38.
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act.
8852.39.
The committee may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312, for purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The committee shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.
8852.40.
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds.
8852.41.
Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
8852.42.
The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 2.
Section 1 of this act shall take effect upon the approval by the voters of the State Facilities Renewal Bond Act of 2016, as set forth in Section 1 of this act.
SEC. 3.
Section 1 of this act shall be submitted to the voters at the June 7, 2016, statewide primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.

Summary: Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act provides that it is the intent of the people that, to the extent practicable, a project supported by the funds made available by the act will include signage informing the public that the project received funds from the act. This bill would require certain recipients of funding pursuant to the act to post signs acknowledging the source of funds in accordance with guidelines that the Secretary of the Natural Resources Agency would be required to develop. The annual Budget Act appropriates funds to state agencies for operations as part of their respective agency budgets. Existing law requires the Department of General Services to report to the Legislature, as specified, on expenditures for seismic hazard abatement for state buildings and facilities, in connection with the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. This bill would enact the State Facilities Renewal Bond Act of 2016, which, if adopted by the voters at the June 7, 2016, statewide primary election, would authorize the issuance of bonds in the amount of $2,000,000,000, pursuant to the State General Obligation Bond Law, to finance deferred maintenance on state-owned property, subject to appropriation by the Legislature in the annual Budget Act.

An act to
add Chapter 11.2 (commencing with Section 8852) to Division 1 of Title 2 of the Government
add Section 79707.5 to the Water
Code, relating to
financing deferred maintenance on state facilities, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.
water.


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

SECTION 1.
The Legislature finds and declares the following:
(a) California is home to some of the most innovative and resourceful entrepreneurs in the world, making it the nation’s leader in technology and related industries.
(b) The state should harness this innovation and leverage it to provide the best possible customer service to all of its citizens in the most cost-effective, efficient, and creative manner.
(c) Creativity and efficiency should not be limited to the private sector, but rather should be embraced and developed to further the public interest.
(d) Allowing the most creative private sector professionals to volunteer their time and expertise to make government work better
and be more streamlined
for its citizens would permit the state to utilize this creativity for the benefit of all its citizens.
(e) Establishing a professionals in public service
program, in
program within
a California state agency would permit implementation of a model that has been applied successfully by a variety of public and private entities and has proven to be a useful tool to help various processes become more efficient.
SEC. 2.
(a)The Legislative Analyst and the California State Auditor shall collaboratively convene a work group for the purposes of determining the most appropriate state agency to house a professionals in public service pilot program with the goal of making state government activities and practices more streamlined and accessible to small businesses.
(b)The Legislative Analyst and the California State Auditor shall report the work group’s recommendations to the Legislature on or before December 31, 2016. The report shall be submitted as set forth in Section 9795 of the Government Code.
(c)This section is repealed on January 1, 2017.
SEC. 2.
Article 7 (commencing with Section 12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:
Article  7. Entrepreneur-in-Residence Act of 2016
12100.1.
This article shall be known and may be cited as the Entrepreneur-in-Residence Act of 2016.
12100.2.
As used in this article, the following terms shall have the following meanings:
(a) “Agency” means any state agency, department, or commission.
(b) “Entrepreneur-in-residence” means an individual appointed to a position under the program.
(c) “Office” means the Government Operations Agency.
(d) “Program” means the entrepreneur-in-residence program, as established by this article.
(e) “Secretary” means the Secretary of the Government Operations Agency, or his or her designee.
12100.3.
(a) The state entrepreneur-in-residence program is hereby established within the office for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible.
(b) (1) The secretary may appoint one or more entrepreneurs-in-residence under the program during each year, however, the secretary shall not appoint more than 10 entrepreneurs-in-residence during any calendar year. The secretary, with the approval of the state agency, may appoint an entrepreneur-in-residence to any state agency.
(2) Any person appointed as an entrepreneur-in-residence shall meet at least one of the following qualifications:
(A) The individual shall have demonstrated success in working with California small businesses and entrepreneurs.
(B) The individual shall have successfully developed, invented, or created a product and brought the product to the marketplace.
(3) Any person appointed as an entrepreneur-in-residence shall not have a conflict of interest with the activities of the state agency where he or she is placed, including, but not limited to, having any existing business before the state agency in which he or she is proposed to be placed or is placed.
(c) The secretary shall accept appointment applications for the position of an entrepreneur-in-residence and establish procedures for complying with this article no later than March 1, 2017. Among other requirements, the procedures shall include the following:
(1) A process for engaging with and receiving approval from state agencies about prospective appointments.
(2) A process for screening prospective appointees, including checking background and references.
(3) A standard memorandum of understanding that stipulates the responsibilities of each party in undertaking an entrepreneurship-in-residence under the program, including, but not limited to, hours, duties, goals, expected outcomes, agency support, and office participation. This standard memorandum of understanding shall be a model that shall be adapted to address each individual placement to create the memorandum of understanding into which the appointee, the agency, and the office enter.
(d)  As a condition of having a placement of an entrepreneur-in-residence, the state agency shall agree to the procedures set by the secretary pursuant to subdivision (c).
(e) Before the effective date of an appointment under this article, every individual selected to participate in the program shall have entered into a memorandum of understanding with the secretary and the head of the state agency where the entrepreneur will serve. The memorandum of understanding shall be specific to the placement and clearly identify the hours, duties, goals, expected outcomes, agency support, and office participation. The memorandum of understanding shall set the benchmarks and metrics for evaluating the success of the placement.
(f) In administering the entrepreneur-in-residence program, the secretary shall appoint entrepreneurs-in-residence in a variety of interested agencies. However, to the extent practicable, the secretary shall not appoint more than two entrepreneurs-in-residence to positions in the same agency during the same year.
(g) An entrepreneur-in-residence may serve as an entrepreneur-in-residence for no longer than two years.
12100.4.
(a) An entrepreneur-in-residence shall have all of the following duties:
(1) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on how to streamline, eliminate, or modify potentially inefficient or duplicative activities, processes, and programs, if any, at the state agency.
(2) Providing recommendations to the head of the state agency the entrepreneur-in-residence serves on methods to improve program efficiency at the state agency or new initiatives, if any, that may be instituted at the state agency to address the needs of small businesses and entrepreneurs.
(3) Assisting the state agency the entrepreneur-in-residence serves in improving outreach and service to small business concerns and entrepreneurs including, but not limited to, the following:
(A) Facilitating meetings and forums to educate small businesses and entrepreneurs on programs or initiatives of the state agency the entrepreneur-in-residence is serving.
(B) Facilitating in-service sessions with employees of the office and the state agency the entrepreneur-in-residence is serving on issues of concern to entrepreneurs and small businesses.
(C) Providing technical assistance or mentorship to small businesses and entrepreneurs in accessing programs at the office and the state agency the entrepreneur-in-residence is serving.
(b) An entrepreneur-in-residence shall serve on a voluntary basis, and shall dedicate at least 16 hours per week to the program, unless a greater number of hours per week is otherwise agreed upon. At the discretion of the head of a participating state agency, the entrepreneur-in-residence shall have access to an office, computer, and other related support services and equipment from the participating state agency as the state agency determines to be necessary for the entrepreneur-in-residence to discharge his or her duties.
(c) An entrepreneur-in-residence shall report directly to the head of the state agency in which the entrepreneur-in-residence is serving and shall also keep the secretary of the office updated on his or her activities, findings, and recommendations.
12100.5.
(a) The secretary shall establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations.
(b) (1)   The secretary shall annually prepare and submit to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy a report on the program. The report, at a minimum, shall include the following:
(A) A progress report on the activities of each entrepreneur-in-residence during the reporting period, based on the applicable memorandum of understanding.
(B) A general summary on how the overall program is addressing the goals of the program, which are as follows:
(i) Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs.
(ii) Providing for better outreach by the state to the private sector.
(iii) Strengthening coordination and interaction between the state and the private sector on issues relevant to entrepreneurs and small business concerns.
(2) The requirement for submitting a report imposed under paragraph (1) of this subdivision is inoperative on January 1, 2021, pursuant to Section 10231.5.
(3) It is anticipated that program impacts will not be fully measurable until recommended changes and activities are fully implemented. The office and the agency where an entrepreneur-in-residence is placed shall continue measuring and reporting the impact of the activities of the entrepreneur-in-residence for three years following the placement of an entrepreneur-in-residence.

Summary: Existing law establishes within the Governor’s office the Government Operations Agency, which consists of several state agencies, including the Department of General Services and the Department of Technology, and is governed by the Secretary of Government Operations. This bill would enact the Entrepreneur-in-Residence Act of 2016, which would establish the state entrepreneur-in-residence program within the Government Operations Agency for the purpose of utilizing the expertise of private-sector entrepreneurs to help make state governmental activities and practices more streamlined and accessible. The program would authorize the Secretary of Government Operations to appoint a maximum of 10 persons each year to serve within a state agency as an entrepreneur-in-residence, with duties as established in the bill, on a voluntary basis. The bill would require the secretary to accept appointment applications for the position of an entrepreneur-in-residence and to establish prescribed procedures for complying with the bill no later than March 1, 2017. The bill would also require the secretary to establish an informal working group of entrepreneurs-in-residence to discuss best practices, experiences, obstacles, opportunities, and recommendations, and to report on the program to the Governor and the Assembly Committee on Jobs, Economic Development, and the Economy, as specified. Existing law establishes the California State Auditor’s Office within state government under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. Existing law makes that office independent of the executive branch and legislative control and places it under the direction of the California State Auditor. Existing law establishes the Joint Legislative Budget Committee consisting of 8 Members of the Senate and 8 Members of the Assembly, authorizes the committee to appoint the Legislative Analyst, and sets forth his or her duties. This bill would require the Legislative Analyst and the California State Auditor to convene a work group for the purposes of determining the most appropriate state agency to house a pilot professionals in public service program with the goal of making state government activities and practices more streamlined and accessible to small businesses. The bill would require that the recommendations of the work group be reported to the Legislature by December 31, 2016, and would repeal these provisions on January 1, 2017,

An act
relating
to add Article 7 (commencing with Section 12100.1) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating
to state government.


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

SECTION 1.
The heading of Chapter 5 (commencing with Section 10600) of Part 2 of Division 2 of Title 2 of the Government Code is amended to read:
CHAPTER  5. Joint Pension Administration and Sustainability Committee
SEC. 2.
Section 10600 of the Government Code is amended to read:
10600.
(a) The Legislature finds that the retirement of officers and employees of the state, school districts, and many cities, counties, and public jurisdictions in the state, is provided under several independently administered and highly complex systems that all share the distinctive feature of being organized to achieve results over the 30- to 40-year time frame that corresponds to the typical length of workers’ careers.
(b) These pension systems are organized and administered under highly technical statutes and protected by constitutional provisions. Certain provisions in the California Constitution, which are patterned upon the Employee Retirement Income Security Act, commonly known as ERISA, require that pension funds be invested for the sole interests of the beneficiaries and for the exclusive purpose of providing benefits and establish a standard of conduct that makes persons managing the pension systems fiduciaries with respect to how they manage the money.
(c) Development and change in these systems are interrelated and have important long-range implications both with respect to cost and to the retirement expectations of public employees and also the state and national economy, as the ability of persons to enter into retirement with a source of income to spend on goods and services in retirement provides an important source of demand for goods and services during economic downturns to assist eventual recovery as well as assisting the ability of public entities to transition their workforces to younger entry level employees as older workers are able to retire even during an economic downturn, thereby creating openings.
(d) The Legislature recognizes the need to coordinate this change and development and for continuing study and analysis of these systems and legislation affecting them.
(e) Therefore, it is the desire of the Legislature to provide for such continuing study and analysis by a joint legislative committee.
SEC. 3.
Section 10601 of the Government Code is amended to read:
10601.
(a) The Joint Pension Administration and Sustainability Committee is hereby created. The committee shall study and review the benefits, programs, actuarial condition, practices, investments, and procedures of, and all legislation relating to, the retirement systems for public officers and employees in this state and the trends and developments in the field of retirement, and make reports and recommendations thereon to
both houses of
the
Legislature and its respective houses.
Legislature.
The committee has a continuing existence and may meet, act, and conduct its business at any place within this state during sessions of the Legislature, or any recess thereof, and in the interim period between sessions. A copy of each bill that affects any public employee retirement system shall be transmitted to the committee, and the committee shall transmit an analysis, including an actuarial opinion if appropriate, to the policy committee responsible for the bill.
(b) A report submitted
pursuant
to the Legislature
pursuant to
subdivision (a) shall be submitted in compliance with Section 9795.
SEC. 4.
Section 10602 of the Government Code is amended to read:
10602.
The committee shall consist of a member from each of the following Senate committees: Banking and Financial Institutions, Governance and Finance, Health, Insurance, Labor and Industrial Relations, and Public Employment and Retirement, and a member from each of the following Assembly committees: Accountability and Administrative Review, Banking and Finance, Insurance, Labor and Employment, Local Government, Public Employees, Retirement and Social Security, and Revenue and Taxation. The members shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairman. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever such member is not reelected at the General Election.
SEC. 5.
Section 10605 of the Government Code is amended to read:
10605.
(a) The committee shall establish a board of experts. The board of experts shall include: the Controller, the chairpersons of the investment committees of the Board of Administration of the Public Employees’ Retirement System and of the Teachers’ Retirement Board of the Teachers’ Retirement System, the president and chairperson of those boards, respectively, the executive officers of those systems, the chiefs of investment of those systems, the chief actuaries of those systems, the pension managers and treasurers of two corporations, a manager of a city pension fund, and a manager of a county pension fund.
(b) The committee shall retain as consultants to the board of experts an independent
actuary
actuary,
a legal advisor recognized for expertise in pension and investment
law
law,
and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets.
(c) The board of experts shall be reimbursed for its actual and necessary expenses.
SEC. 6.
Section 10606 of the Government Code is amended to read:
10606.
(a) There shall be held during the last week of March of each year a joint meeting of the Joint Pension Administration and Sustainability Committee, the board of experts, the Board of Administration of the Public Employees’ Retirement System, the Teachers’ Retirement Board, the executive officers of those systems, and the State Treasurer, to review the performance of the systems. The annual reports of those systems and the financial reports and reports of operations shall be presented at the meeting.
(b) (1) At the meeting, the State Treasurer shall present a review of the investment practices of the Public Employees’ Retirement System and the State Teachers’ Retirement System and shall transmit a copy of the report to the committee.
(2) A report submitted pursuant to paragraph
(2)
(1)
shall be submitted in compliance with Section 9795.

Summary: Existing law creates the Joint Legislative Retirement Committee, prescribes the composition of the committee, and requires the committee to study and review the benefits, programs, actuarial condition, practices, investments and procedures of, and all legislation relating to, retirement systems for public officers and employees in this state as well as trends in the field of retirement. Existing law requires a copy of each bill that affects any public employee retirement system to be transmitted to the committee. Existing law requires the committee to establish a board of experts, the composition of which is prescribed, and to retain an independent actuary as a consultant to the board of experts. Existing law makes a statement of legislative findings in this regard. This bill would rename the committee the Joint Pension Administration and Sustainability Committee and, in addition to the duties described above, would require the committee to make reports and recommendations to the Legislature and its respective houses on these retirement issues. The bill would revise the composition of the committee to reflect current legislative practice. The bill would require the committee to transmit an analysis for each bill submitted to it, including an actuarial opinion if appropriate, to the policy committee that is responsible for the bill. The bill would require the committee to retain a legal advisor recognized for expertise in pension and investment law and an academician from a California university with recognized expertise in investing, pension administration, and the operation of financial markets to act as consultants to its board of experts. The bill would revise the statement of legislative findings associated with these provisions.

An act to amend Sections 10600, 10601, 10602, 10605, and 10606 of, and to amend the heading of Chapter 5 (commencing with
Section
10600) of Part 2 of Division 2 of Title 2 of, the Government Code, relating to public employee retirement systems.


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

SECTION 1.
Chapter 3.67 (commencing with Section 1597.80) is added to Division 2 of the Health and Safety Code, to read:
CHAPTER  3.67. Online Child Care Job Posting Services
1597.80.
For purposes of this chapter, the following definitions apply:
(a) “Online child care job posting service” means any person or business that provides or offers to provide parents or child care consumers with lists of, or profile information regarding, child care providers who are not required to be licensed pursuant to Section 1596.792, who are commonly referred to as nannies or babysitters, or a person or business that has an Internet Web site platform for these child care providers to publicize their availability to provide care or supervision of children.
(b) “Owner” means to a person or business that provides or offers an online child care job posting service.
1597.81.
(a) An online child care job posting service posting information on an Internet Web site shall include the following information regarding each child care provider profile or Internet Web page that lists child care provider information:
(1) A description of the trustline registry pursuant to Section 1596.60 with the following statement: “Trustline is California’s official background check for child care providers that are not required to be licensed (i.e. babysitters and nannies). It is the only authorized screening program for babysitters and nannies in the state with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the Child Abuse Central Index”.
(2) The trustline registry toll-free number: 1-800-822-8490.
(3) A link to the trustline registry: Web site www.trustline.org.
(4) A description of the availability of free child care referrals in every county with the following statement:

“In every county, the state-funded child care resource and referral program (R&R) provides free child care planning services that include child care referrals to licensed caregivers, and information on choosing child care, community resources, and help paying for child care. To find your local R&R call 1-800-KIDS-793.”

(5) The child care connection toll-free number: 1-800-KIDS-793.
(6) The child care connection Web site: www.mychildcareplan.org.
(7) The following statement about Oliver’s Law (enacted by Chapter 545 of the Statutes of 2006):
“Pursuant to Oliver’s Law, parents have the right to receive information regarding any substantiated or inconclusive complaint about any child care provider. That information is public and can be acquired by calling a local licensing office. Contact information for the local licensing office can be obtained by calling 1-800-KIDS-793 or by visiting www.ccld.ca.gov.”

(b) If the online child care job listing service provides a background check for the child care providers listed on its site or provides the ability for parents to request a background check using a background check service contracted by or referred by the owner of the Web site, the Internet Web site shall provide by means of a one-click link on each child care provider profile or Internet Web page that lists the child care provider’s information, a written description of the background check offered or provided that includes at a minimum:
(1) An easy-to-understand overview of what is included in the background check and what is not included.
(2) A chart that lists each county in California and the databases that are checked for each county, including the following information for each database, as applicable:
(A)  The source of the data, the name of the database used, and a brief description of the data included in the database.
(B) The date range of the oldest data and the most recent data included.
(C) How often the information is updated.
(D) How the databases are checked (i.e. by name, social security number, fingerprints, etc.).
(E) A clear indication in the chart that notes the counties for which no data is available.
(F) A summary statement that clearly communicates the number of counties for which there is no background check data available.
(3) A list of any statewide or national background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2).
(4) A list of any other background checks conducted and the information described in subparagraphs (A) and (B) of paragraph (2).
1597.82.
(a) Upon a complaint received by the Community Care Licensing Division, the department shall review the Internet Web site named in the complaint. If the department determines that an online child care job posting service is in violation of this chapter or any rules or regulations promulgated under this chapter, a notice of violation shall be served upon the owner using the contact information provided on the Internet Web site. Each notice of violation shall be in writing and shall specify the nature of the violation and the statute, rule, or regulation alleged to have been violated, describe the opportunity for a fair hearing pursuant to regulations developed by the department consistent with the requirements described in subdivision (b), and specify the potential fine that may be imposed for a second or third violation pursuant to subdivision (c).
(b) In the first case of alleged noncompliance, the department shall provide written notice of the violation to the owner. The owner shall have 30 calendar days to correct the violation or request a hearing on the matter. If the owner has evidence that the site in question is in compliance, the owner shall submit proof of that compliance directly to the department. Evidence of compliance may be in the form of printouts, Internet Web links, screen shots, or other means determined to be acceptable by the department. The department shall develop regulations to govern the notice, the hearing, and the submission of evidence, for purposes of this section, consistent with due process.
(c) For second and subsequent violations, after reasonable notice and time to correct the violation, and the opportunity for a fair hearing on the matter, pursuant to regulations developed by the department, if the owner is found to be in violation of this chapter, the department shall impose a fine of one thousand dollars ($1,000) per violation.
(d)  Any fines and penalties imposed and collected pursuant to this chapter shall be deposited into the Child Health and Safety Fund, as described in Section 18285.

Summary: Existing law prohibits a person, firm, partnership, association, or corporation from operating, establishing, managing, conducting, or maintaining a child day care facility without a current valid license. Existing law requires the Community Care Licensing Division of the State Department of Social Services to regulate child care licensees. Existing law requires the department to establish a registry of child care providers who have undergone criminal background checks. These providers are known as registered trustline child care providers. Existing law also requires a licensed child day care facility to make available to the public licensing reports and other licensing documents that pertain to a facility visit or a substantiated complaint investigation, among other licensing issues. Existing law establishes in the State Treasury the Child Health and Safety Fund. Existing law authorizes the department to allocate the funds, upon appropriation by the Legislature, for purposes that include site visits of day care centers and family day care homes. This bill would require an online child care job posting service to include specified information regarding each child care provider on the Internet Web site profile or page that lists child care provider information, including a description of the trustline registry and the toll-free telephone number and the link to the Internet Web site for the registry, a description of the availability of free child care referrals in every county, and, if the service provides background checks, an easy-to-understand overview of what is included in the background check and what is not included. The bill would impose a fine of $1,000 for a 2nd or subsequent violation of these requirements, after written notice and an opportunity for a hearing. The bill would provide that fines collected pursuant to these provisions would be deposited in the Child Health and Safety Fund. The bill would also require the department to develop regulations for these purposes as specified.

An act to add Chapter 3.67 (commencing with Section 1597.80) to Division 2 of the Health and Safety Code, relating to child care.