Amended IN Senate August 25, 2020 Amended IN Senate September 06, 2019 Amended IN Senate August 30, 2019 Amended IN Assembly April 02, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 6Introduced by Assembly Members Member Reyes and McCartyDecember 03, 2018 An act to add amend Section 8206.8 to the Education 5650.1 of the Fish and Game Code, relating to early childhood education. fish and wildlife.LEGISLATIVE COUNSEL'S DIGESTAB 6, as amended, Reyes. Early childhood education: interagency coordination and quality improvement. Fish and wildlife: water pollution: civil penalties: enforcement.Existing law makes it unlawful to deposit, permit to pass, or place where it can pass, specified pollutants into the waters of this state, including petroleum, acid, or coal or oil tar. Existing law makes a violation of those provisions subject to a civil penalty of no more than $25,000 for each violation and an additional civil penalty of no more than $10 for each gallon or pound of material discharged, and requires the civil action to be brought by the Attorney General upon complaint by the Department of Fish and Wildlife or by the district attorney or city attorney in the name of the people of the State of California.This bill would also authorize the Attorney General to bring a civil action under their own authority in the name of the people of the State of California, and would specify the Attorney General should notify the Department of Fish and Wildlife before bringing a civil action. Existing law designates the State Department of Education as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities that require assistance of a 3rd party or parties.This bill would require the Superintendent of Public Instruction, on or before January 1, 2021, to establish an interagency workgroup composed of representatives from certain state entities within the California Health and Human Services Agency and the California Children and Families Commission. The bill would require the interagency workgroup to identify administrative changes for implementation by the participating state entities to improve the coordination of services provided to children in early learning and care programs. The bill would require the interagency workgroup to report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature at least annually. The bill would require the Superintendent, on or before January 15, 2021, to establish a quality improvement workgroup composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts. The bill would require the quality improvement workgroup to review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent, and to develop and review strategies and criteria for consideration by the Superintendent relating to curriculum alignment and standardization, as provided. The bill would require the quality improvement workgroup to report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership at least annually. The bill would impose other specified requirements on the Superintendent relating to early learning and care programs and services. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5650.1 of the Fish and Game Code is amended to read:5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.SECTION 1.Section 8206.8 is added to the Education Code, to read:8206.8.(a)In order to ensure a holistic implementation of early learning and care programs and universal preschool, the Superintendent, on or before January 1, 2021, shall do all of the following:(1)Elevate the priority of programs that support early learning and care within the department and augment staffing within the Early Learning and Care Division in the department to provide leadership and support to contractors and the early learning and care community, to ensure that high-quality early learning and care programs are provided, and to ensure that the mixed delivery systems for early learning and care programs are supported.(2)(A)Coordinate services with the State Department of Social Services, the State Department of Health Care Services, the State Department of Public Health, the State Department of Developmental Services, and other relevant entities within the California Health and Human Services Agency, and the California Children and Families Commission, to ensure that the social and health services provided by those departments are provided to children in early learning and care programs who are eligible for those services.(B)Coordination of services pursuant to subparagraph (A) may prioritize the coordination of services that results in increased access to health assessments and followup diagnostic treatment services for low-income children.(C)Coordination of services pursuant to subparagraph (A) may conform with family-centered, and community- and evidence-based systems of coordinated care for children.(3)(A)Establish an interagency workgroup, composed of representatives from the entities described in subparagraph (A) of paragraph (2), to identify administrative changes for implementation by each respective state agency to improve the coordination of services provided to children in early learning and care programs.(B)At least annually, the interagency workgroup shall report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature.(C)The interagency workgroup shall coordinate with the Early Childhood Policy Council established pursuant to Section 8286 and with the executive director of the Early Childhood Policy Council. Two members of the Early Childhood Policy Council shall be designated to coordinate with the interagency workgroup.(D)When identifying administrative changes pursuant to subparagraph (A), the interagency workgroup shall build on the work of the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report, the strategic plan for the Preschool Development Grant, and the states master plan for early learning and care developed pursuant to Section 8207.(b)(1)The Superintendent shall, on or before January 15, 2021, establish a quality improvement workgroup, building on the work of Quality Counts California, or a successor quality rating and improvement system identified by the Superintendent, and the Quality Rating and Improvement System local consortia, as defined in Section 8203.1. The quality improvement workgroup shall do both of the following:(A)On or before July 1, 2021, review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent.(B)On or before January 1, 2022, develop and review strategies and criteria for consideration by the Superintendent on both of the following:(i)Creating and implementing a standardized early childhood education curriculum, appropriate for use across the spectrum of early learning and care settings.(ii)Increasing the alignment of curricula from, and professional development for, the California Infant/Toddler Curriculum Framework, the California Preschool Learning Foundations, and the California Preschool Curriculum Frameworks. Strategies and criteria developed pursuant to this clause shall promote alignment with, and enhance the goals and quality metrics set forth in, Section 8203 and the federal Title V Maternal and Child Health Services Block Grant program (Subchapter V (commencing with Section 701) of Chapter 7 of Title 42 of the United States Code), and shall do all of the following:(I)Draw on evidence and expertise in the areas of curriculum development and implementation.(II)Support the social and emotional development of all children in early learning and care settings.(III)Ensure that all early learning and care programs help prepare children for entering the K12 system.(IV)Support and show understanding of the nuanced differences and needs within the mixed delivery systems for early learning and care programs.(V)Support the full inclusion of children with disabilities.(VI)Ensure that children who are dual language learners are adequately supported in their learning and development.(2)The quality improvement workgroup shall be composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts and shall coordinate with county offices of education and other relevant local and state early learning and care stakeholders.(3)The quality improvement workgroup shall consider input from parents, providers from different types of early learning and care settings, current Quality Counts California participants, the California Children and Families Commission, academic experts, representatives of the Legislature, department staff, and early learning and care advocates.(4)At least annually, the quality improvement workgroup shall report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership.(c)It is the intent of the Legislature to do all of the following:(1)Adequately finance the Early Learning and Care Division in order to augment staffing and fully support the programs under the jurisdiction of the Early Learning and Care Division, the interagency workgroup, the quality improvement workgroup, and to improve coordination across state agencies.(2)Support the Early Learning and Care Division, the interagency workgroup, and the quality improvement workgroup in their efforts to promote alignment with elementary and secondary education staff and systems within the department by doing both of the following:(A)Ensuring alignment of curriculum and curricular implementation strategies.(B)Creating enhanced mechanisms for technical assistance and support for childcare providers and community-based organizations to better elevate the support and services of the department for early learning and care programs.(3)Review the reports and work of the interagency workgroup and the quality improvement workgroup to best support efforts of program expansion, quality enhancement, and increased efficiency, in coordination with the department and relevant entities within the California Health and Human Services Agency.
Amended IN Senate August 25, 2020 Amended IN Senate September 06, 2019 Amended IN Senate August 30, 2019 Amended IN Assembly April 02, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 6Introduced by Assembly Members Member Reyes and McCartyDecember 03, 2018 An act to add amend Section 8206.8 to the Education 5650.1 of the Fish and Game Code, relating to early childhood education. fish and wildlife.LEGISLATIVE COUNSEL'S DIGESTAB 6, as amended, Reyes. Early childhood education: interagency coordination and quality improvement. Fish and wildlife: water pollution: civil penalties: enforcement.Existing law makes it unlawful to deposit, permit to pass, or place where it can pass, specified pollutants into the waters of this state, including petroleum, acid, or coal or oil tar. Existing law makes a violation of those provisions subject to a civil penalty of no more than $25,000 for each violation and an additional civil penalty of no more than $10 for each gallon or pound of material discharged, and requires the civil action to be brought by the Attorney General upon complaint by the Department of Fish and Wildlife or by the district attorney or city attorney in the name of the people of the State of California.This bill would also authorize the Attorney General to bring a civil action under their own authority in the name of the people of the State of California, and would specify the Attorney General should notify the Department of Fish and Wildlife before bringing a civil action. Existing law designates the State Department of Education as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities that require assistance of a 3rd party or parties.This bill would require the Superintendent of Public Instruction, on or before January 1, 2021, to establish an interagency workgroup composed of representatives from certain state entities within the California Health and Human Services Agency and the California Children and Families Commission. The bill would require the interagency workgroup to identify administrative changes for implementation by the participating state entities to improve the coordination of services provided to children in early learning and care programs. The bill would require the interagency workgroup to report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature at least annually. The bill would require the Superintendent, on or before January 15, 2021, to establish a quality improvement workgroup composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts. The bill would require the quality improvement workgroup to review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent, and to develop and review strategies and criteria for consideration by the Superintendent relating to curriculum alignment and standardization, as provided. The bill would require the quality improvement workgroup to report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership at least annually. The bill would impose other specified requirements on the Superintendent relating to early learning and care programs and services. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 25, 2020 Amended IN Senate September 06, 2019 Amended IN Senate August 30, 2019 Amended IN Assembly April 02, 2019 Amended IN Assembly March 18, 2019
Amended IN Senate August 25, 2020
Amended IN Senate September 06, 2019
Amended IN Senate August 30, 2019
Amended IN Assembly April 02, 2019
Amended IN Assembly March 18, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 6
Introduced by Assembly Members Member Reyes and McCartyDecember 03, 2018
Introduced by Assembly Members Member Reyes and McCarty
December 03, 2018
An act to add amend Section 8206.8 to the Education 5650.1 of the Fish and Game Code, relating to early childhood education. fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 6, as amended, Reyes. Early childhood education: interagency coordination and quality improvement. Fish and wildlife: water pollution: civil penalties: enforcement.
Existing law makes it unlawful to deposit, permit to pass, or place where it can pass, specified pollutants into the waters of this state, including petroleum, acid, or coal or oil tar. Existing law makes a violation of those provisions subject to a civil penalty of no more than $25,000 for each violation and an additional civil penalty of no more than $10 for each gallon or pound of material discharged, and requires the civil action to be brought by the Attorney General upon complaint by the Department of Fish and Wildlife or by the district attorney or city attorney in the name of the people of the State of California.This bill would also authorize the Attorney General to bring a civil action under their own authority in the name of the people of the State of California, and would specify the Attorney General should notify the Department of Fish and Wildlife before bringing a civil action. Existing law designates the State Department of Education as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities that require assistance of a 3rd party or parties.This bill would require the Superintendent of Public Instruction, on or before January 1, 2021, to establish an interagency workgroup composed of representatives from certain state entities within the California Health and Human Services Agency and the California Children and Families Commission. The bill would require the interagency workgroup to identify administrative changes for implementation by the participating state entities to improve the coordination of services provided to children in early learning and care programs. The bill would require the interagency workgroup to report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature at least annually. The bill would require the Superintendent, on or before January 15, 2021, to establish a quality improvement workgroup composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts. The bill would require the quality improvement workgroup to review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent, and to develop and review strategies and criteria for consideration by the Superintendent relating to curriculum alignment and standardization, as provided. The bill would require the quality improvement workgroup to report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership at least annually. The bill would impose other specified requirements on the Superintendent relating to early learning and care programs and services.
Existing law makes it unlawful to deposit, permit to pass, or place where it can pass, specified pollutants into the waters of this state, including petroleum, acid, or coal or oil tar. Existing law makes a violation of those provisions subject to a civil penalty of no more than $25,000 for each violation and an additional civil penalty of no more than $10 for each gallon or pound of material discharged, and requires the civil action to be brought by the Attorney General upon complaint by the Department of Fish and Wildlife or by the district attorney or city attorney in the name of the people of the State of California.
This bill would also authorize the Attorney General to bring a civil action under their own authority in the name of the people of the State of California, and would specify the Attorney General should notify the Department of Fish and Wildlife before bringing a civil action.
Existing law designates the State Department of Education as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities that require assistance of a 3rd party or parties.
This bill would require the Superintendent of Public Instruction, on or before January 1, 2021, to establish an interagency workgroup composed of representatives from certain state entities within the California Health and Human Services Agency and the California Children and Families Commission. The bill would require the interagency workgroup to identify administrative changes for implementation by the participating state entities to improve the coordination of services provided to children in early learning and care programs. The bill would require the interagency workgroup to report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature at least annually. The bill would require the Superintendent, on or before January 15, 2021, to establish a quality improvement workgroup composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts. The bill would require the quality improvement workgroup to review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent, and to develop and review strategies and criteria for consideration by the Superintendent relating to curriculum alignment and standardization, as provided. The bill would require the quality improvement workgroup to report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership at least annually. The bill would impose other specified requirements on the Superintendent relating to early learning and care programs and services.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5650.1 of the Fish and Game Code is amended to read:5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.SECTION 1.Section 8206.8 is added to the Education Code, to read:8206.8.(a)In order to ensure a holistic implementation of early learning and care programs and universal preschool, the Superintendent, on or before January 1, 2021, shall do all of the following:(1)Elevate the priority of programs that support early learning and care within the department and augment staffing within the Early Learning and Care Division in the department to provide leadership and support to contractors and the early learning and care community, to ensure that high-quality early learning and care programs are provided, and to ensure that the mixed delivery systems for early learning and care programs are supported.(2)(A)Coordinate services with the State Department of Social Services, the State Department of Health Care Services, the State Department of Public Health, the State Department of Developmental Services, and other relevant entities within the California Health and Human Services Agency, and the California Children and Families Commission, to ensure that the social and health services provided by those departments are provided to children in early learning and care programs who are eligible for those services.(B)Coordination of services pursuant to subparagraph (A) may prioritize the coordination of services that results in increased access to health assessments and followup diagnostic treatment services for low-income children.(C)Coordination of services pursuant to subparagraph (A) may conform with family-centered, and community- and evidence-based systems of coordinated care for children.(3)(A)Establish an interagency workgroup, composed of representatives from the entities described in subparagraph (A) of paragraph (2), to identify administrative changes for implementation by each respective state agency to improve the coordination of services provided to children in early learning and care programs.(B)At least annually, the interagency workgroup shall report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature.(C)The interagency workgroup shall coordinate with the Early Childhood Policy Council established pursuant to Section 8286 and with the executive director of the Early Childhood Policy Council. Two members of the Early Childhood Policy Council shall be designated to coordinate with the interagency workgroup.(D)When identifying administrative changes pursuant to subparagraph (A), the interagency workgroup shall build on the work of the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report, the strategic plan for the Preschool Development Grant, and the states master plan for early learning and care developed pursuant to Section 8207.(b)(1)The Superintendent shall, on or before January 15, 2021, establish a quality improvement workgroup, building on the work of Quality Counts California, or a successor quality rating and improvement system identified by the Superintendent, and the Quality Rating and Improvement System local consortia, as defined in Section 8203.1. The quality improvement workgroup shall do both of the following:(A)On or before July 1, 2021, review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent.(B)On or before January 1, 2022, develop and review strategies and criteria for consideration by the Superintendent on both of the following:(i)Creating and implementing a standardized early childhood education curriculum, appropriate for use across the spectrum of early learning and care settings.(ii)Increasing the alignment of curricula from, and professional development for, the California Infant/Toddler Curriculum Framework, the California Preschool Learning Foundations, and the California Preschool Curriculum Frameworks. Strategies and criteria developed pursuant to this clause shall promote alignment with, and enhance the goals and quality metrics set forth in, Section 8203 and the federal Title V Maternal and Child Health Services Block Grant program (Subchapter V (commencing with Section 701) of Chapter 7 of Title 42 of the United States Code), and shall do all of the following:(I)Draw on evidence and expertise in the areas of curriculum development and implementation.(II)Support the social and emotional development of all children in early learning and care settings.(III)Ensure that all early learning and care programs help prepare children for entering the K12 system.(IV)Support and show understanding of the nuanced differences and needs within the mixed delivery systems for early learning and care programs.(V)Support the full inclusion of children with disabilities.(VI)Ensure that children who are dual language learners are adequately supported in their learning and development.(2)The quality improvement workgroup shall be composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts and shall coordinate with county offices of education and other relevant local and state early learning and care stakeholders.(3)The quality improvement workgroup shall consider input from parents, providers from different types of early learning and care settings, current Quality Counts California participants, the California Children and Families Commission, academic experts, representatives of the Legislature, department staff, and early learning and care advocates.(4)At least annually, the quality improvement workgroup shall report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership.(c)It is the intent of the Legislature to do all of the following:(1)Adequately finance the Early Learning and Care Division in order to augment staffing and fully support the programs under the jurisdiction of the Early Learning and Care Division, the interagency workgroup, the quality improvement workgroup, and to improve coordination across state agencies.(2)Support the Early Learning and Care Division, the interagency workgroup, and the quality improvement workgroup in their efforts to promote alignment with elementary and secondary education staff and systems within the department by doing both of the following:(A)Ensuring alignment of curriculum and curricular implementation strategies.(B)Creating enhanced mechanisms for technical assistance and support for childcare providers and community-based organizations to better elevate the support and services of the department for early learning and care programs.(3)Review the reports and work of the interagency workgroup and the quality improvement workgroup to best support efforts of program expansion, quality enhancement, and increased efficiency, in coordination with the department and relevant entities within the California Health and Human Services Agency.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5650.1 of the Fish and Game Code is amended to read:5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
SECTION 1. Section 5650.1 of the Fish and Game Code is amended to read:
### SECTION 1.
5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section. (e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
5650.1. (a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).
(c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(d) (1) Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated.
(2) The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section.
(e) In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.
(f) After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.
(g) The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.
(h) All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:
(1) Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2) Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
(i) Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.
(j) A person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
(a)In order to ensure a holistic implementation of early learning and care programs and universal preschool, the Superintendent, on or before January 1, 2021, shall do all of the following:
(1)Elevate the priority of programs that support early learning and care within the department and augment staffing within the Early Learning and Care Division in the department to provide leadership and support to contractors and the early learning and care community, to ensure that high-quality early learning and care programs are provided, and to ensure that the mixed delivery systems for early learning and care programs are supported.
(2)(A)Coordinate services with the State Department of Social Services, the State Department of Health Care Services, the State Department of Public Health, the State Department of Developmental Services, and other relevant entities within the California Health and Human Services Agency, and the California Children and Families Commission, to ensure that the social and health services provided by those departments are provided to children in early learning and care programs who are eligible for those services.
(B)Coordination of services pursuant to subparagraph (A) may prioritize the coordination of services that results in increased access to health assessments and followup diagnostic treatment services for low-income children.
(C)Coordination of services pursuant to subparagraph (A) may conform with family-centered, and community- and evidence-based systems of coordinated care for children.
(3)(A)Establish an interagency workgroup, composed of representatives from the entities described in subparagraph (A) of paragraph (2), to identify administrative changes for implementation by each respective state agency to improve the coordination of services provided to children in early learning and care programs.
(B)At least annually, the interagency workgroup shall report on its work to the Governor, Superintendent, and relevant budget and policy committees of the Legislature.
(C)The interagency workgroup shall coordinate with the Early Childhood Policy Council established pursuant to Section 8286 and with the executive director of the Early Childhood Policy Council. Two members of the Early Childhood Policy Council shall be designated to coordinate with the interagency workgroup.
(D)When identifying administrative changes pursuant to subparagraph (A), the interagency workgroup shall build on the work of the 2019 California Assembly Blue Ribbon Commission on Early Childhood Education Final Report, the strategic plan for the Preschool Development Grant, and the states master plan for early learning and care developed pursuant to Section 8207.
(b)(1)The Superintendent shall, on or before January 15, 2021, establish a quality improvement workgroup, building on the work of Quality Counts California, or a successor quality rating and improvement system identified by the Superintendent, and the Quality Rating and Improvement System local consortia, as defined in Section 8203.1. The quality improvement workgroup shall do both of the following:
(A)On or before July 1, 2021, review and propose revisions to the current quality rating and improvement system and program standards for consideration by the Superintendent.
(B)On or before January 1, 2022, develop and review strategies and criteria for consideration by the Superintendent on both of the following:
(i)Creating and implementing a standardized early childhood education curriculum, appropriate for use across the spectrum of early learning and care settings.
(ii)Increasing the alignment of curricula from, and professional development for, the California Infant/Toddler Curriculum Framework, the California Preschool Learning Foundations, and the California Preschool Curriculum Frameworks. Strategies and criteria developed pursuant to this clause shall promote alignment with, and enhance the goals and quality metrics set forth in, Section 8203 and the federal Title V Maternal and Child Health Services Block Grant program (Subchapter V (commencing with Section 701) of Chapter 7 of Title 42 of the United States Code), and shall do all of the following:
(I)Draw on evidence and expertise in the areas of curriculum development and implementation.
(II)Support the social and emotional development of all children in early learning and care settings.
(III)Ensure that all early learning and care programs help prepare children for entering the K12 system.
(IV)Support and show understanding of the nuanced differences and needs within the mixed delivery systems for early learning and care programs.
(V)Support the full inclusion of children with disabilities.
(VI)Ensure that children who are dual language learners are adequately supported in their learning and development.
(2)The quality improvement workgroup shall be composed of the California Children and Families Commission, stakeholders from the early learning and care community, and other early learning and care experts and shall coordinate with county offices of education and other relevant local and state early learning and care stakeholders.
(3)The quality improvement workgroup shall consider input from parents, providers from different types of early learning and care settings, current Quality Counts California participants, the California Children and Families Commission, academic experts, representatives of the Legislature, department staff, and early learning and care advocates.
(4)At least annually, the quality improvement workgroup shall report on its work to the Superintendent, the California Children and Families Commission, and Quality Counts California leadership.
(c)It is the intent of the Legislature to do all of the following:
(1)Adequately finance the Early Learning and Care Division in order to augment staffing and fully support the programs under the jurisdiction of the Early Learning and Care Division, the interagency workgroup, the quality improvement workgroup, and to improve coordination across state agencies.
(2)Support the Early Learning and Care Division, the interagency workgroup, and the quality improvement workgroup in their efforts to promote alignment with elementary and secondary education staff and systems within the department by doing both of the following:
(A)Ensuring alignment of curriculum and curricular implementation strategies.
(B)Creating enhanced mechanisms for technical assistance and support for childcare providers and community-based organizations to better elevate the support and services of the department for early learning and care programs.
(3)Review the reports and work of the interagency workgroup and the quality improvement workgroup to best support efforts of program expansion, quality enhancement, and increased efficiency, in coordination with the department and relevant entities within the California Health and Human Services Agency.