| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate June 04, | |
| 1 | + | Amended IN Senate September 07, 2017 Amended IN Senate June 22, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1163Introduced by Assembly Member IrwinFebruary 17, 2017An act to amend and repeal Section 10912 of, and to add Section 10912.5 to, the Water Code, relating to water. add Part 1.7 (commencing with Section 6570) to Division 11 of the Family Code, relating to minors.LEGISLATIVE COUNSEL'S DIGESTAB 1163, as amended, Irwin. Water supply planning: California Environmental Quality Act: photovoltaic or wind energy generation facility. Minors: power of attorney to care for a minor child. Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. Existing law authorizes a caregiver who is a relative and properly completes and signs a caregivers authorization affidavit to consent to additional types of medical care for the minor. Existing law, the Power of Attorney Law, generally provides for the creation, modification, and revocation of a power of attorney.This bill would authorize a parent to execute a power of attorney for the care of the parents minor child, if specified information is included within the power of attorney, except as specified. The bill would relieve a person who acts in good faith reliance on the authorized powers set forth in a power of attorney and without actual contrary knowledge from criminal or civil liability or professional discipline for that reliance, but would not relieve a person from liability for violations of other provisions of law. The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregivers authorization affidavit.Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines project for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines project as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.This bill would indefinitely exempt from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facilitys water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 1.7 (commencing with Section 6570) is added to Division 11 of the Family Code, to read:PART 1.7. Power of Attorney to Care for Minor Child6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.SECTION 1.Section 10912 of the Water Code, as amended by Section 1 of Chapter 669 of the Statutes of 2016, is amended to read:10912.For the purposes of this part, the following terms have the following meanings:(a)Project means any of the following:(1)A proposed residential development of more than 500 dwelling units.(2)A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.(3)A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.(4)A proposed hotel or motel, or both, having more than 500 rooms.(5)(A)Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.(B)A proposed photovoltaic or wind energy generation facility is not a project if the facility would demand no more than 75 acre-feet of water annually.(6)A mixed-use project that includes one or more of the projects specified in this subdivision.(7)A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.(b)If a public water system has fewer than 5,000 service connections, then project means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water systems existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water systems existing service connections.(c)Public water system means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following:(1)Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system.(2)Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system.(3)Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.SEC. 2.Section 10912 of the Water Code, as amended by Section 2 of Chapter 669 of the Statutes of 2016, is repealed.SEC. 3.Section 10912.5 is added to the Water Code, to read:10912.5.(a)A proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually shall prepare a construction water use analysis describing the facilitys water use during construction. The construction water use analysis shall describe the number of acre-feet to be used by the photovoltaic or wind energy generation facility during construction for purposes that include, but are not limited to, dust suppression, and shall include all of the following:(1)The number of acre-feet of water to be used.(2)The source and quality of the water.(3)Alternative sources of water, if any.(b)A city or county shall include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for a proposed photovoltaic or wind energy generation facility that demands not more than 75 acre-feet of water annually. The city or county shall notify any appropriate public water system of the availability of a mitigated negative declaration or draft environmental impact report that contains a construction water use analysis and provide an opportunity for the public water system to comment.(c)If any significant environmental effect arising out of a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually is identified, the city or county shall make the findings required by Section 21801 of the Public Resources Code.(d)In approving a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually, a city or county shall find that the construction water use analysis has been prepared in compliance with this section.SEC. 4.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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate September 07, 2017 Amended IN Senate June 22, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1163Introduced by Assembly Member IrwinFebruary 17, 2017An act to amend and repeal Section 10912 of, and to add Section 10912.5 to, the Water Code, relating to water. add Part 1.7 (commencing with Section 6570) to Division 11 of the Family Code, relating to minors.LEGISLATIVE COUNSEL'S DIGESTAB 1163, as amended, Irwin. Water supply planning: California Environmental Quality Act: photovoltaic or wind energy generation facility. Minors: power of attorney to care for a minor child. Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. Existing law authorizes a caregiver who is a relative and properly completes and signs a caregivers authorization affidavit to consent to additional types of medical care for the minor. Existing law, the Power of Attorney Law, generally provides for the creation, modification, and revocation of a power of attorney.This bill would authorize a parent to execute a power of attorney for the care of the parents minor child, if specified information is included within the power of attorney, except as specified. The bill would relieve a person who acts in good faith reliance on the authorized powers set forth in a power of attorney and without actual contrary knowledge from criminal or civil liability or professional discipline for that reliance, but would not relieve a person from liability for violations of other provisions of law. The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregivers authorization affidavit.Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines project for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines project as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.This bill would indefinitely exempt from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facilitys water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate September 07, 2017 Amended IN Senate June 22, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly May 01, 2017 Amended IN Assembly April 04, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 04, 2018 | |
| 8 | 7 | Amended IN Senate September 07, 2017 | |
| 9 | 8 | Amended IN Senate June 22, 2017 | |
| 10 | 9 | Amended IN Assembly May 26, 2017 | |
| 11 | 10 | Amended IN Assembly May 01, 2017 | |
| 12 | 11 | Amended IN Assembly April 04, 2017 | |
| 13 | 12 | ||
| 14 | 13 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 15 | 14 | ||
| 16 | 15 | Assembly Bill No. 1163 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member | |
| 17 | + | Introduced by Assembly Member IrwinFebruary 17, 2017 | |
| 19 | 18 | ||
| 20 | - | Introduced by Assembly Member Irwin | |
| 19 | + | Introduced by Assembly Member Irwin | |
| 21 | 20 | February 17, 2017 | |
| 22 | 21 | ||
| 23 | - | An act to add Part 1.7 (commencing with Section 6570) to Division 11 of the Family Code, | |
| 22 | + | An act to amend and repeal Section 10912 of, and to add Section 10912.5 to, the Water Code, relating to water. add Part 1.7 (commencing with Section 6570) to Division 11 of the Family Code, relating to minors. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | - | AB 1163, as amended, Irwin. Minors: power of attorney to care for a minor child. | |
| 28 | + | AB 1163, as amended, Irwin. Water supply planning: California Environmental Quality Act: photovoltaic or wind energy generation facility. Minors: power of attorney to care for a minor child. | |
| 30 | 29 | ||
| 31 | - | Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the | |
| 30 | + | Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. Existing law authorizes a caregiver who is a relative and properly completes and signs a caregivers authorization affidavit to consent to additional types of medical care for the minor. Existing law, the Power of Attorney Law, generally provides for the creation, modification, and revocation of a power of attorney.This bill would authorize a parent to execute a power of attorney for the care of the parents minor child, if specified information is included within the power of attorney, except as specified. The bill would relieve a person who acts in good faith reliance on the authorized powers set forth in a power of attorney and without actual contrary knowledge from criminal or civil liability or professional discipline for that reliance, but would not relieve a person from liability for violations of other provisions of law. The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregivers authorization affidavit.Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines project for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines project as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually.This bill would indefinitely exempt from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facilitys water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, 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 the statutory provisions noted above. | |
| 32 | 31 | ||
| 33 | - | Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the | |
| 32 | + | Existing law authorizes a caregiver, who properly completes and signs a caregivers authorization affidavit, to provide specified care to a minor, including, among other care, enrolling the minor in school and consenting to school-related medical care on behalf of the minor. Existing law authorizes a caregiver who is a relative and properly completes and signs a caregivers authorization affidavit to consent to additional types of medical care for the minor. Existing law, the Power of Attorney Law, generally provides for the creation, modification, and revocation of a power of attorney. | |
| 34 | 33 | ||
| 35 | - | This bill would | |
| 34 | + | This bill would authorize a parent to execute a power of attorney for the care of the parents minor child, if specified information is included within the power of attorney, except as specified. The bill would relieve a person who acts in good faith reliance on the authorized powers set forth in a power of attorney and without actual contrary knowledge from criminal or civil liability or professional discipline for that reliance, but would not relieve a person from liability for violations of other provisions of law. The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregivers authorization affidavit. | |
| 36 | 35 | ||
| 37 | - | The bill would require the grant of authority in a power of attorney to care for a minor child to supersede the authority of a caregiver pursuant to a caregivers authorization affidavit. The bill would address the authority of an attorney-in-fact when 2 or more powers of attorney appoint 2 or more different attorneys-in-fact for the care of the same minor child. The bill would also make a power of attorney under these provisions act as the executing parents nomination of a guardian, subject to specified requirements, for purposes of a legal guardianship proceeding if that proceeding commences. The bill would specify that a power of attorney executed pursuant to these provisions would not affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, including the rights of a parent who had not executed the power of attorney. | |
| 36 | + | Existing law requires a city or county that determines that a project, as defined, is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment. If no public water system is identified, the city or county is required to prepare the water supply assessment. Existing law defines project for purposes of these provisions as, among other things, a project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. For a public water system that has fewer than 5,000 service connections, existing law defines project as development that would account for a specified increase in the number of service connections. Existing law, until January 1, 2018, exempts from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | This bill would indefinitely exempt from the definition of project a proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually. The bill would require a proposed photoelectric or wind energy generation facility that would demand no more than 75 acre-feet of water annually to prepare a construction water use analysis describing the facilitys water use during construction. The bill would require a city or county to include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for the proposed facility, to notify any appropriate public water system of the availability of those documents, and to provide an opportunity for the public water system to comment. By increasing the duties of a city or county, this bill would impose a state-mandated local program. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | 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. | |
| 45 | + | ||
| 46 | + | ||
| 47 | + | ||
| 48 | + | 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 the statutory provisions noted above. | |
| 49 | + | ||
| 50 | + | ||
| 38 | 51 | ||
| 39 | 52 | ## Digest Key | |
| 40 | 53 | ||
| 41 | 54 | ## Bill Text | |
| 42 | 55 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Part | |
| 56 | + | The people of the State of California do enact as follows:SECTION 1. Part 1.7 (commencing with Section 6570) is added to Division 11 of the Family Code, to read:PART 1.7. Power of Attorney to Care for Minor Child6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.SECTION 1.Section 10912 of the Water Code, as amended by Section 1 of Chapter 669 of the Statutes of 2016, is amended to read:10912.For the purposes of this part, the following terms have the following meanings:(a)Project means any of the following:(1)A proposed residential development of more than 500 dwelling units.(2)A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.(3)A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.(4)A proposed hotel or motel, or both, having more than 500 rooms.(5)(A)Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.(B)A proposed photovoltaic or wind energy generation facility is not a project if the facility would demand no more than 75 acre-feet of water annually.(6)A mixed-use project that includes one or more of the projects specified in this subdivision.(7)A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project.(b)If a public water system has fewer than 5,000 service connections, then project means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water systems existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water systems existing service connections.(c)Public water system means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following:(1)Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system.(2)Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system.(3)Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.SEC. 2.Section 10912 of the Water Code, as amended by Section 2 of Chapter 669 of the Statutes of 2016, is repealed.SEC. 3.Section 10912.5 is added to the Water Code, to read:10912.5.(a)A proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually shall prepare a construction water use analysis describing the facilitys water use during construction. The construction water use analysis shall describe the number of acre-feet to be used by the photovoltaic or wind energy generation facility during construction for purposes that include, but are not limited to, dust suppression, and shall include all of the following:(1)The number of acre-feet of water to be used.(2)The source and quality of the water.(3)Alternative sources of water, if any.(b)A city or county shall include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for a proposed photovoltaic or wind energy generation facility that demands not more than 75 acre-feet of water annually. The city or county shall notify any appropriate public water system of the availability of a mitigated negative declaration or draft environmental impact report that contains a construction water use analysis and provide an opportunity for the public water system to comment.(c)If any significant environmental effect arising out of a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually is identified, the city or county shall make the findings required by Section 21801 of the Public Resources Code.(d)In approving a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually, a city or county shall find that the construction water use analysis has been prepared in compliance with this section.SEC. 4.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. | |
| 44 | 57 | ||
| 45 | 58 | The people of the State of California do enact as follows: | |
| 46 | 59 | ||
| 47 | 60 | ## The people of the State of California do enact as follows: | |
| 48 | 61 | ||
| 49 | - | SECTION 1. Part | |
| 62 | + | SECTION 1. Part 1.7 (commencing with Section 6570) is added to Division 11 of the Family Code, to read:PART 1.7. Power of Attorney to Care for Minor Child6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 50 | 63 | ||
| 51 | - | SECTION 1. Part | |
| 64 | + | SECTION 1. Part 1.7 (commencing with Section 6570) is added to Division 11 of the Family Code, to read: | |
| 52 | 65 | ||
| 53 | 66 | ### SECTION 1. | |
| 54 | 67 | ||
| 55 | - | PART | |
| 68 | + | PART 1.7. Power of Attorney to Care for Minor Child6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 56 | 69 | ||
| 57 | - | PART | |
| 70 | + | PART 1.7. Power of Attorney to Care for Minor Child6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 58 | 71 | ||
| 59 | - | PART | |
| 72 | + | PART 1.7. Power of Attorney to Care for Minor Child | |
| 60 | 73 | ||
| 61 | - | PART | |
| 74 | + | PART 1.7. Power of Attorney to Care for Minor Child | |
| 62 | 75 | ||
| 63 | - | ||
| 76 | + | 6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following:(A) Name and address of the parent executing the power of attorney.(B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known.(C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child.(D) Name and birthdate of minor child.(E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child.(b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation.(3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law.(c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created.(d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child.(e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 64 | 77 | ||
| 65 | 78 | ||
| 66 | 79 | ||
| 67 | - | ||
| 80 | + | 6570. (a) (1) Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following: | |
| 68 | 81 | ||
| 69 | - | 4562. A parent of a minor child may execute a power of attorney to provide for the care of the parents minor child only pursuant to this part. A power of attorney to care for the parents minor child shall comply with, and is subject to, this division and shall additionally include all of the following information:(a) Name and address of the parent executing the power of attorney.(b) (1) Name and address of the parent who did not execute the power of attorney, if known.(2) The information described in subdivision (b) of Section 4564.(c) Name and address of the attorney-in-fact or agent who is authorized to provide care for the minor child.(d) Name and birth date of the minor child.(e) (1) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child.(2) Special instructions limiting or extending the powers granted to the attorney-in-fact or agent.(f) The effective date or conditions of effectiveness pursuant to either of the following:(1) The date and the duration or period of time that the power of attorney takes effect.(2) The occurrence of a specified event or contingency, including, but not limited to, the incapacity, absence, or detention of the principal, that causes the power of attorney to take effect.(g) The date of the execution of the power of attorney.(h) All of the following information in substantially the same form:(1) TO SCHOOL OFFICIALS:This power of attorney constitutes a sufficient basis for a determination that the attorney-in-fact or agent has certain powers to provide care for the minor child as specified by the executing parent in the power of attorney, unless the school district has actual knowledge of facts contrary to those stated in the power of attorney.(2) TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:A person who acts in good faith reliance upon a power of attorney for the care of a minor child allowing an attorney-in-fact or agent to consent to and direct medical, dental, or mental health care, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance on the power of attorney.(3) TO ALL OTHER THIRD PARTIES:A person who acts in good faith reliance upon a power of attorney for the care of a minor child allowing an attorney-in-fact or agent to consent to and direct care of the minor child, handle finances for the minor child, or other related matters pertaining to the minor child, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance on the power of attorney. | |
| 82 | + | (A) Name and address of the parent executing the power of attorney. | |
| 83 | + | ||
| 84 | + | (B) The name and address of the parent who did not execute the power of attorney and whether that parent has authority to care for the minor child, if known. | |
| 85 | + | ||
| 86 | + | (C) Name and address of the attorney-in-fact or agent who is authorized to provide the care for the minor child. | |
| 87 | + | ||
| 88 | + | (D) Name and birthdate of minor child. | |
| 89 | + | ||
| 90 | + | (E) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child. | |
| 91 | + | ||
| 92 | + | (2) A power of attorney shall not provide an attorney-in-fact or agent with the authority to consent to the marriage or adoption of the minor child. | |
| 93 | + | ||
| 94 | + | (b) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child. | |
| 95 | + | ||
| 96 | + | (2) A person who relies on a power of attorney has no obligation to make any further inquiry or investigation. | |
| 97 | + | ||
| 98 | + | (3) This section shall not be deemed to relieve a person from liability for violations of other provisions of law. | |
| 99 | + | ||
| 100 | + | (c) The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created. | |
| 101 | + | ||
| 102 | + | (d) A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child. | |
| 103 | + | ||
| 104 | + | (e) For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 70 | 105 | ||
| 71 | 106 | ||
| 72 | 107 | ||
| 73 | - | 4562. A parent of a minor child may execute a power of attorney to provide for the care of the parents minor child only pursuant to this part. A power of attorney to care for the parents minor child shall comply with, and is subject to, this division and shall additionally include all of the following information: | |
| 74 | 108 | ||
| 75 | - | (a) Name and address of the parent executing the power of attorney. | |
| 76 | 109 | ||
| 77 | - | (b) (1) Name and address of the parent who did not execute the power of attorney, if known. | |
| 78 | - | ||
| 79 | - | (2) The information described in subdivision (b) of Section 4564. | |
| 80 | - | ||
| 81 | - | (c) Name and address of the attorney-in-fact or agent who is authorized to provide care for the minor child. | |
| 82 | - | ||
| 83 | - | (d) Name and birth date of the minor child. | |
| 84 | - | ||
| 85 | - | (e) (1) Specification of the authorized powers of the attorney-in-fact or agent to provide care for the minor child. | |
| 86 | - | ||
| 87 | - | (2) Special instructions limiting or extending the powers granted to the attorney-in-fact or agent. | |
| 88 | - | ||
| 89 | - | (f) The effective date or conditions of effectiveness pursuant to either of the following: | |
| 90 | - | ||
| 91 | - | (1) The date and the duration or period of time that the power of attorney takes effect. | |
| 92 | - | ||
| 93 | - | (2) The occurrence of a specified event or contingency, including, but not limited to, the incapacity, absence, or detention of the principal, that causes the power of attorney to take effect. | |
| 94 | - | ||
| 95 | - | (g) The date of the execution of the power of attorney. | |
| 96 | - | ||
| 97 | - | (h) All of the following information in substantially the same form: | |
| 98 | - | ||
| 99 | - | (1) TO SCHOOL OFFICIALS: | |
| 100 | - | ||
| 101 | - | This power of attorney constitutes a sufficient basis for a determination that the attorney-in-fact or agent has certain powers to provide care for the minor child as specified by the executing parent in the power of attorney, unless the school district has actual knowledge of facts contrary to those stated in the power of attorney. | |
| 102 | - | ||
| 103 | - | (2) TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: | |
| 104 | - | ||
| 105 | - | A person who acts in good faith reliance upon a power of attorney for the care of a minor child allowing an attorney-in-fact or agent to consent to and direct medical, dental, or mental health care, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance on the power of attorney. | |
| 106 | - | ||
| 107 | - | (3) TO ALL OTHER THIRD PARTIES: | |
| 108 | - | ||
| 109 | - | A person who acts in good faith reliance upon a power of attorney for the care of a minor child allowing an attorney-in-fact or agent to consent to and direct care of the minor child, handle finances for the minor child, or other related matters pertaining to the minor child, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance on the power of attorney. | |
| 110 | - | ||
| 111 | - | 4564. (a) A power of attorney executed pursuant to this part shall be executed according to one of the following conditions:(1) If both parents are living and have legal custody of the minor child, both parents shall execute the power of attorney, except under the conditions specified in paragraph (2).(2) If both parents are living and have legal custody of the minor child, one parent may execute the power of attorney only if obtaining the approval of the other parent is not possible because that parents location is unknown or reasonably inaccessible, or that parent is not capable of approving the power of attorney.(3) If only one parent has legal custody of the minor child, that parent shall execute the power of attorney.(b) The parent executing the power of attorney shall declare in the power of attorney which one of the following circumstances applies:(1) Both parents are living, have legal custody of the minor child, and executed the power of attorney.(2) Both parents are living and have legal custody of the minor child, but obtaining the approval of the parent who has not executed the power of attorney is not possible because that parents location is unknown or reasonably inaccessible, or that parent is not capable of approving the power of attorney.(3) One parent is deceased.(4) Only one parent has legal custody of the minor child, and that parent has executed the power of attorney. | |
| 110 | + | For the purposes of this part, the following terms have the following meanings: | |
| 112 | 111 | ||
| 113 | 112 | ||
| 114 | 113 | ||
| 115 | - | 4564. (a) A power of attorney executed pursuant to this part shall be executed according to one of the following conditions: | |
| 116 | - | ||
| 117 | - | (1) If both parents are living and have legal custody of the minor child, both parents shall execute the power of attorney, except under the conditions specified in paragraph (2). | |
| 118 | - | ||
| 119 | - | (2) If both parents are living and have legal custody of the minor child, one parent may execute the power of attorney only if obtaining the approval of the other parent is not possible because that parents location is unknown or reasonably inaccessible, or that parent is not capable of approving the power of attorney. | |
| 120 | - | ||
| 121 | - | (3) If only one parent has legal custody of the minor child, that parent shall execute the power of attorney. | |
| 122 | - | ||
| 123 | - | (b) The parent executing the power of attorney shall declare in the power of attorney which one of the following circumstances applies: | |
| 124 | - | ||
| 125 | - | (1) Both parents are living, have legal custody of the minor child, and executed the power of attorney. | |
| 126 | - | ||
| 127 | - | (2) Both parents are living and have legal custody of the minor child, but obtaining the approval of the parent who has not executed the power of attorney is not possible because that parents location is unknown or reasonably inaccessible, or that parent is not capable of approving the power of attorney. | |
| 128 | - | ||
| 129 | - | (3) One parent is deceased. | |
| 130 | - | ||
| 131 | - | (4) Only one parent has legal custody of the minor child, and that parent has executed the power of attorney. | |
| 132 | - | ||
| 133 | - | 4566. A power of attorney executed pursuant to this part is legally sufficient if all of the following requirements are satisfied:(a) The power of attorney contains the information listed in Section 4562.(b) The power of attorney is executed by one or both parents in compliance with Section 4564.(c) The power of attorney is either (1) acknowledged before a notary public, or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. | |
| 114 | + | (a)Project means any of the following: | |
| 134 | 115 | ||
| 135 | 116 | ||
| 136 | 117 | ||
| 137 | - | 4566. A power of attorney executed pursuant to this part is legally sufficient if all of the following requirements are satisfied: | |
| 138 | - | ||
| 139 | - | (a) The power of attorney contains the information listed in Section 4562. | |
| 140 | - | ||
| 141 | - | (b) The power of attorney is executed by one or both parents in compliance with Section 4564. | |
| 142 | - | ||
| 143 | - | (c) The power of attorney is either (1) acknowledged before a notary public, or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. | |
| 144 | - | ||
| 145 | - | 4568. (a) A power of attorney executed pursuant to this part may be modified or revoked pursuant to the applicable provisions of Chapter 3 (commencing with Section 4150) of Part 2.(b) An attorney-in-fact, agent, or third person who does not have notice of the modification or revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300) of Part 2. | |
| 118 | + | (1)A proposed residential development of more than 500 dwelling units. | |
| 146 | 119 | ||
| 147 | 120 | ||
| 148 | 121 | ||
| 149 | - | 4568. (a) A power of attorney executed pursuant to this part may be modified or revoked pursuant to the applicable provisions of Chapter 3 (commencing with Section 4150) of Part 2. | |
| 150 | - | ||
| 151 | - | (b) An attorney-in-fact, agent, or third person who does not have notice of the modification or revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300) of Part 2. | |
| 152 | - | ||
| 153 | - | 4569. (a) A power of attorney executed pursuant to this part that limits the power to take effect upon the occurrence of a specified event or contingency, including, but not limited to, the incapacity, absence, or detention of the principal, may contain a provision designating one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred.(b) A power of attorney executed pursuant to this part that contains the provision described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless whether the specified event or contingency has actually occurred.(c) The provision described in subdivision (a) may be included in the special instructions portion of the form set forth in paragraph (2) of subdivision (e) of Section 4562.(d) Subdivisions (a) and (b) do not provide the exclusive method by which a power of attorney executed pursuant to this part may be limited to take effect upon the occurrence of a specified event or contingency. | |
| 122 | + | (2)A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. | |
| 154 | 123 | ||
| 155 | 124 | ||
| 156 | 125 | ||
| 157 | - | 4569. (a) A power of attorney executed pursuant to this part that limits the power to take effect upon the occurrence of a specified event or contingency, including, but not limited to, the incapacity, absence, or detention of the principal, may contain a provision designating one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. | |
| 158 | - | ||
| 159 | - | (b) A power of attorney executed pursuant to this part that contains the provision described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless whether the specified event or contingency has actually occurred. | |
| 160 | - | ||
| 161 | - | (c) The provision described in subdivision (a) may be included in the special instructions portion of the form set forth in paragraph (2) of subdivision (e) of Section 4562. | |
| 162 | - | ||
| 163 | - | (d) Subdivisions (a) and (b) do not provide the exclusive method by which a power of attorney executed pursuant to this part may be limited to take effect upon the occurrence of a specified event or contingency. | |
| 164 | - | ||
| 165 | - | 4570. A power of attorney executed pursuant to this part shall remain in effect until such time as is designated in the power of attorney pursuant to subdivision (f) of Section 4562 or until it is revoked by the executing parent, a court order, or operation of law, whichever is earlier. | |
| 126 | + | (3)A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. | |
| 166 | 127 | ||
| 167 | 128 | ||
| 168 | 129 | ||
| 169 | - | 4570. A power of attorney executed pursuant to this part shall remain in effect until such time as is designated in the power of attorney pursuant to subdivision (f) of Section 4562 or until it is revoked by the executing parent, a court order, or operation of law, whichever is earlier. | |
| 170 | - | ||
| 171 | - | 4572. (a) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this part, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance.(2) Paragraph (1) shall apply even if medical, dental, or mental health care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child, as long as the person providing the medical, dental, or mental health care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child.(b) A person who relies on a power of attorney executed pursuant to this part has no obligation to make any further inquiry or investigation.(c) This section shall not be deemed to relieve a person from liability for violations of other provisions of law. | |
| 130 | + | (4)A proposed hotel or motel, or both, having more than 500 rooms. | |
| 172 | 131 | ||
| 173 | 132 | ||
| 174 | 133 | ||
| 175 | - | 4572. (a) (1) A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this part, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. | |
| 176 | - | ||
| 177 | - | (2) Paragraph (1) shall apply even if medical, dental, or mental health care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child, as long as the person providing the medical, dental, or mental health care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child. | |
| 178 | - | ||
| 179 | - | (b) A person who relies on a power of attorney executed pursuant to this part has no obligation to make any further inquiry or investigation. | |
| 180 | - | ||
| 181 | - | (c) This section shall not be deemed to relieve a person from liability for violations of other provisions of law. | |
| 182 | - | ||
| 183 | - | 4574. An attorney-in-fact or agent under a power of attorney executed pursuant to this part shall be 18 years of age or older and shall exercise due care to act in the minor childs best interests and in accordance with the grant of authority specified in the power of attorney and with any applicable state or federal law. | |
| 134 | + | (5)(A)Except as otherwise provided in subparagraph (B), a proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. | |
| 184 | 135 | ||
| 185 | 136 | ||
| 186 | 137 | ||
| 187 | - | 4574. An attorney-in-fact or agent under a power of attorney executed pursuant to this part shall be 18 years of age or older and shall exercise due care to act in the minor childs best interests and in accordance with the grant of authority specified in the power of attorney and with any applicable state or federal law. | |
| 188 | - | ||
| 189 | - | 4576. (a) If two or more powers of attorney validly executed pursuant to this part appoint two or more different attorneys-in-fact or agents for the care of the same minor child, those attorneys-in-fact or agents may elect to exercise the authority granted to them under the powers of attorney by their unanimous action pursuant to subdivision (b) of Section 4202.(b) If the attorneys-in-fact or agents described in subdivision (a) do not elect to exercise the authority granted to them under the powers of attorney by their unanimous action pursuant to subdivision (b) of Section 4202, a court of competent jurisdiction shall determine which power of attorney has priority over the other. | |
| 138 | + | (B)A proposed photovoltaic or wind energy generation facility is not a project if the facility would demand no more than 75 acre-feet of water annually. | |
| 190 | 139 | ||
| 191 | 140 | ||
| 192 | 141 | ||
| 193 | - | 4576. (a) If two or more powers of attorney validly executed pursuant to this part appoint two or more different attorneys-in-fact or agents for the care of the same minor child, those attorneys-in-fact or agents may elect to exercise the authority granted to them under the powers of attorney by their unanimous action pursuant to subdivision (b) of Section 4202. | |
| 194 | - | ||
| 195 | - | (b) If the attorneys-in-fact or agents described in subdivision (a) do not elect to exercise the authority granted to them under the powers of attorney by their unanimous action pursuant to subdivision (b) of Section 4202, a court of competent jurisdiction shall determine which power of attorney has priority over the other. | |
| 196 | - | ||
| 197 | - | 4578. The authorized powers provided to an attorney-in-fact or agent pursuant to this part shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code, even if the caregivers authorization affidavit was signed after the power of attorney was executed. | |
| 142 | + | (6)A mixed-use project that includes one or more of the projects specified in this subdivision. | |
| 198 | 143 | ||
| 199 | 144 | ||
| 200 | 145 | ||
| 201 | - | 4578. The authorized powers provided to an attorney-in-fact or agent pursuant to this part shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code, even if the caregivers authorization affidavit was signed after the power of attorney was executed. | |
| 202 | - | ||
| 203 | - | 4580. (a) A power of attorney validly executed pursuant to this part shall constitute a writing pursuant to Section 1502 and shall act as the executing parents nomination of a guardian, subject to the requirements of Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 of Division 4, for purposes of a legal guardianship proceeding if that proceeding commences.(b) A court of competent jurisdiction shall retain jurisdiction over the guardianship of the minor child or the minor childs estate despite any existing power of attorney. | |
| 146 | + | (7)A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. | |
| 204 | 147 | ||
| 205 | 148 | ||
| 206 | 149 | ||
| 207 | - | 4580. (a) A power of attorney validly executed pursuant to this part shall constitute a writing pursuant to Section 1502 and shall act as the executing parents nomination of a guardian, subject to the requirements of Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 of Division 4, for purposes of a legal guardianship proceeding if that proceeding commences. | |
| 208 | - | ||
| 209 | - | (b) A court of competent jurisdiction shall retain jurisdiction over the guardianship of the minor child or the minor childs estate despite any existing power of attorney. | |
| 210 | - | ||
| 211 | - | 4582. A power of attorney executed pursuant to this part shall not do any of the following:(a) Affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, including the rights of a parent who had not executed the power of attorney.(b) Grant the attorney-in-fact or agent with legal custody of the minor child.(c) Authorize the attorney-in-fact or agent to consent to the marriage or adoption of the minor child.(d) Supersede a court order relating to the minor child.(e) Relieve a parent from any legal responsibilities or liability for the minor child. | |
| 150 | + | (b)If a public water system has fewer than 5,000 service connections, then project means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water systems existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water systems existing service connections. | |
| 212 | 151 | ||
| 213 | 152 | ||
| 214 | 153 | ||
| 215 | - | 4582. A power of attorney executed pursuant to this part shall not do any of the following: | |
| 216 | - | ||
| 217 | - | (a) Affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, including the rights of a parent who had not executed the power of attorney. | |
| 218 | - | ||
| 219 | - | (b) Grant the attorney-in-fact or agent with legal custody of the minor child. | |
| 220 | - | ||
| 221 | - | (c) Authorize the attorney-in-fact or agent to consent to the marriage or adoption of the minor child. | |
| 222 | - | ||
| 223 | - | (d) Supersede a court order relating to the minor child. | |
| 224 | - | ||
| 225 | - | (e) Relieve a parent from any legal responsibilities or liability for the minor child. | |
| 226 | - | ||
| 227 | - | 4584. (a) For purposes of this part, legal custody shall mean the right and the responsibility of a parent to make the decisions relating to the health, education, and welfare of a child.(b) For purposes of this part, person shall include an individual, corporation, partnership, association, other legal entity, the state, a city, county, city and county, or other public entity or governmental subdivision or agency. | |
| 154 | + | (c)Public water system means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: | |
| 228 | 155 | ||
| 229 | 156 | ||
| 230 | 157 | ||
| 231 | - | ||
| 158 | + | (1)Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. | |
| 232 | 159 | ||
| 233 | - | (b) For purposes of this part, person shall include an individual, corporation, partnership, association, other legal entity, the state, a city, county, city and county, or other public entity or governmental subdivision or agency. | |
| 160 | + | ||
| 161 | + | ||
| 162 | + | (2)Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system. | |
| 163 | + | ||
| 164 | + | ||
| 165 | + | ||
| 166 | + | (3)Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. | |
| 234 | 167 | ||
| 235 | 168 | ||
| 236 | 169 | ||
| 237 | 170 | ||
| 238 | 171 | ||
| 239 | 172 | ||
| 240 | 173 | ||
| 241 | - | (a)(1)Except as provided in paragraph (2), a parent of a minor child may execute a power of attorney to provide for the care of the parents minor child. A power of attorney to care for a minor child shall comply with, and is subject to, the Power of Attorney Law (Division 4.5 (commencing with Section 4000) of the Probate Code) and shall additionally include all of the following: | |
| 174 | + | ||
| 175 | + | ||
| 176 | + | (a)A proposed photovoltaic or wind energy generation facility that would demand no more than 75 acre-feet of water annually shall prepare a construction water use analysis describing the facilitys water use during construction. The construction water use analysis shall describe the number of acre-feet to be used by the photovoltaic or wind energy generation facility during construction for purposes that include, but are not limited to, dust suppression, and shall include all of the following: | |
| 242 | 177 | ||
| 243 | 178 | ||
| 244 | 179 | ||
| 245 | - | ( | |
| 180 | + | (1)The number of acre-feet of water to be used. | |
| 246 | 181 | ||
| 247 | 182 | ||
| 248 | 183 | ||
| 249 | - | ( | |
| 184 | + | (2)The source and quality of the water. | |
| 250 | 185 | ||
| 251 | 186 | ||
| 252 | 187 | ||
| 253 | - | ( | |
| 188 | + | (3)Alternative sources of water, if any. | |
| 254 | 189 | ||
| 255 | 190 | ||
| 256 | 191 | ||
| 257 | - | ( | |
| 192 | + | (b)A city or county shall include a construction water use analysis in any mitigated negative declaration or draft environmental impact report for a proposed photovoltaic or wind energy generation facility that demands not more than 75 acre-feet of water annually. The city or county shall notify any appropriate public water system of the availability of a mitigated negative declaration or draft environmental impact report that contains a construction water use analysis and provide an opportunity for the public water system to comment. | |
| 258 | 193 | ||
| 259 | 194 | ||
| 260 | 195 | ||
| 261 | - | ( | |
| 196 | + | (c)If any significant environmental effect arising out of a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually is identified, the city or county shall make the findings required by Section 21801 of the Public Resources Code. | |
| 262 | 197 | ||
| 263 | 198 | ||
| 264 | 199 | ||
| 265 | - | ( | |
| 200 | + | (d)In approving a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre-feet of water annually, a city or county shall find that the construction water use analysis has been prepared in compliance with this section. | |
| 266 | 201 | ||
| 267 | 202 | ||
| 268 | 203 | ||
| 269 | - | (b)(1)A person who acts in good faith reliance on the authorized powers set forth in a power of attorney executed pursuant to this section, without actual knowledge of facts contrary to those stated in the power of attorney, shall not be subject to criminal liability or to civil liability to any person, and shall not be subject to professional disciplinary action, for that reliance. This subdivision shall apply even if medical or dental care is provided to a minor child in contravention of the wishes of a parent or other person having legal custody of the minor child as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor child. | |
| 270 | 204 | ||
| 271 | 205 | ||
| 272 | - | ||
| 273 | - | (2)A person who relies on a power of attorney has no obligation to make any further inquiry or investigation. | |
| 274 | - | ||
| 275 | - | ||
| 276 | - | ||
| 277 | - | (3)This section shall not be deemed to relieve a person from liability for violations of other provisions of law. | |
| 278 | - | ||
| 279 | - | ||
| 280 | - | ||
| 281 | - | (c)The authorized powers provided to an attorney-in-fact or agent pursuant to a power of attorney to care for a minor child shall supersede the authority of a caregiver pursuant to a caregivers authorization affidavit signed in compliance with Part 1.5 (commencing with Section 6550), even if the caregiver affidavit was signed after the power of attorney was created. | |
| 282 | - | ||
| 283 | - | ||
| 284 | - | ||
| 285 | - | (d)A power of attorney to care for a minor child shall not be deemed to affect the rights of the minor childs parents regarding the care, custody, and control of the minor child, and shall not be deemed to grant the attorney-in-fact or agent with legal custody of the minor child. | |
| 286 | - | ||
| 287 | - | ||
| 288 | - | ||
| 289 | - | (e)For purposes of this part, person includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. | |
| 206 | + | 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. |